You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. You will be deemed to have accepted such changes by continuing to use the Service. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. Creed Solutions may also revise other policies, codes or rules at any time, and the new versions will be available on www.creedsol.com or in the Service.
1.4. Grant of a Limited License to Use the Service
1.5. Accessing the Service
You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component.
You are responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
1.6. Use of the Service
The following restrictions apply to the use of the Service:
1.7. Account Information
You understand that on our websites and in our Application, your user ID number, name, profile picture and other personal information may be publicly available and that search engines may index your name and profile photo.
1.8. Username and Password
During the Account creation process in the Application, you will be asked to enter your mobile number and may be required to select a username and password (“Login Information”). The following rules govern the security of your Login Information:
1.9. License Limitations
Any use of the Service in violation of these license limitations (“License Limitations”) is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPANY APPLICATION IS A VIOLATION OF COMPANY POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
CHEATING AND HACKING – You agree that you will not, under any circumstances:
OFFENSIVE OR INFRINGING CONTENT – You agree that you will not, under any circumstances:
UNAUTHORIZED USE OR CONNECTION TO THE SERVICE – You agree that you will not, under any circumstances:
COLLECTION AND PUBLICATION OF PERSONAL INFORMATION – You agree that you will not, under any circumstances:
1.10. Suspension and Termination of Account and Service
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. WE MAY ALSO IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Creed Solutions reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, Creed Solutions shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services.
Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
You may cancel any Account registered to you at any time by following the instructions on www.creedsol.com or in the Application.
1.11.1. The Service (including any Applications, titles, computer code, themes, objects, characters, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, character profile information, and server software) are copyrighted works owned by or licensed to Creed Solutions. Creed Solutions reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CREED SOLUTIONS. CREED SOLUTIONS RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Creed Solutions owns, has licensed, or has rights to use all of the content that appears in the Service. You agree that you have no right or title in any content that appears in the Service, whether those are earned or purchased from Creed Solutions, or any other attributes associated with an Account or stored on the Service.
1.11.4. User Content
“User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text.
You also grant Creed Solutions a perpetual and irrevocable (which means, never-ending) (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to Creed Solutions promotions and competition or any other content specifically solicited by Creed Solutions) ends when you delete your User Content or you close your Account unless your User content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
2.1. Content Screening
Creed Solutions assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct.
We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service.
If at any time Creed Solutions chooses, in its sole discretion, to monitor the Service, Creed Solutions nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
2.2. Information Use by Other Users of the Service
2.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. Creed Solutions cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. Creed Solutions shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
CREED SOLUTIONS IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
2.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others.
2.4. User Interactions
2.4.1 User Disputes
You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service. Creed Solutions reserves the right, but has no obligation, to become involved in any way with these disputes.
2.4.2 Release. If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says:” A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materials affected his settlement with the debtor. “
In the event that the Service allows you to purchase various goods or services (“Purchases”), ALL PURCHASES MADE THROUGH THE SERVICE ARE NON-REFUNDABLE.
The provision of goods and services through the Service is a service provided by Creed Solutions that commences immediately upon acceptance by Creed Solutions of your purchase. By making such Purchases, you agree and accept that Creed Solutions will provide them to you immediately following completion of your purchase. If you reside in the European Union and you purchase a product or service from Creed Solutions, you have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”). However, you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Accordingly, please note that if you purchase Virtual Items from us, your right of withdrawal is lost as the performance of our services begins immediately once your purchase is completed.
3.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Creed Solutions may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT CREED SOLUTIONS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED GOODS OR SERVICES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4.1. Third Party Advertisements
4.2. Links to Third Party Sites And Dealings With Advertisers
Creed Solutions may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving optional Services and/or upgrades. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Creed Solutions makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked from our Service, and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of Creed Solutions and may collect data or solicit personal information from you. Creed Solutions is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement of Creed Solutions of these linked sites.
It is the Company’s policy to respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act. Creed Solutions reserves the right to terminate without notice any User’s access to the Service if that User is determined by Creed Solutions to be a “repeat infringer.” In addition, Creed Solutions accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
You understand that the Service is an evolving one. Creed Solutions may require that you accept updates to the Service and to Company’s Applications you have installed on your mobile device or computer. You acknowledge and agree that Creed Solutions may update the Service, with or without notifying you. You may need to update third party software from time to time in order to receive the Service.
7.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER CREED SOLUTIONS NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “CREED SOLUTIONS PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
7.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE CREED SOLUTIONS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE CREED SOLUTIONS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE CREED SOLUTIONS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
UNDER NO CIRCUMSTANCES WILL THE CREED SOLUTIONS PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CREED SOLUTIONS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID CREED SOLUTIONS ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CREED SOLUTIONS IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
If a dispute arises between you and Creed Solutions, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Creed Solutions agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by emailing to email@example.com.
8.2. Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Creed Solutions must be resolved exclusively by a court located in London, England, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within London, England for the purpose of litigating all such claims or disputes.
8.3. Improperly Filed Claims
All claims you bring against Creed Solutions must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to Section 8.2 shall be considered improperly filed. Should you file a claim contrary to Section 8.2, Creed Solutions shall be entitled to recover attorneys’ fees and costs up to $2,000, provided that Creed Solutions has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
10.2. Supplemental Policies
10.3. Entire Agreement
10.4. No Waiver
10.6. Equitable Remedies
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2 (if any).
10.7. Force Majeure
Creed Solutions shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Creed Solutions, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
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