Terms of Use

Thanks for visiting CREATe.org, the website (“Site”) for The Center for Responsible Economy And Trade (“CREATe”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at http://create.org/privacy-policy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and constitute a binding legal agreement between you and CREATe.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

No Legal Advice

The Site is intended for informational and educational purposes only, and is not intended to provide and should not and cannot be considered as legal advice or legal opinion. We are not your lawyers, and we do not provide legal advice via the Site.

Modification

CREATe reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of the Terms of Use page of the Site. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.

Eligibility

The Site is intended solely for persons who are 18 or older. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 or older.

Privacy

See CREATe’s Privacy Policy at http://create.org/privacy-policy for information and notices concerning CREATe’s collection and use of your personal information.

Ownership

The Site and all text, graphics, images, audio, video, information or other materials available at the Site (“Content”) is  protected by copyright, trademark, and other laws of the United States and foreign countries. CREATe and its licensors exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Content.

Content License

Subject to your compliance with the terms and conditions of these Terms, CREATe grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content available at the Site. 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or Content, except as permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CREATe or its licensors, except for the licenses and rights expressly granted in these Terms.

3. Content Submitted For Inclusion On The Site

License Grants. When you post your own content on or through the Site, you retain ownership of any copyright you claim to your submitted content (“User Submission”). However, by posting your User Submission through the Site you automatically grant CREATe a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to (i) use, reproduce, publish, distribute, modify, translate, adapt, perform, and display the User Submission alone or as part of other works in any form, media, or technology whether now known or later developed, and (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees. You further grant CREATe the right to use your name and likeness in association with any use of your User Submission permitted under these Terms.

You also represent and warrant, with respect to all User Submissions that you upload, transmit, publish, and/or disseminate through the Site, that (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, or otherwise exploit such User Submission in connection with the Site and to grant to CREATe the licenses set forth in these Terms, and (b) the User Submission will not infringe or otherwise violate the privacy, copyright, trademark, or other rights – including the intellectual property rights – of any third party.

General Prohibitions

You agree not to do any of the following:

•       Display, mirror or frame the Site, or any individual element within the Site, CREATe’s name, any CREATe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, in an infringing manner, without CREATe’s express written consent;

•       Access, tamper with, or misuse non-public areas of the Site, CREATe’s computer systems, or the technical delivery systems of CREATe’s providers;

•       Attempt to probe, scan, or test the vulnerability of any CREATe system or network or breach any security or authentication measures;

•       Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CREATe or any of CREATe’s providers or any other third party (including another user) to protect the Site or Content;

•       Attempt to access or search the Site or Content or download Content from the Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by CREATe or other generally available third party web browsers;

•       Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

•       Use any meta tags or other hidden text or metadata utilizing a CREATe trademark, logo URL or product name without CREATe’s express written consent;

•       Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

•       Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;

•       Impersonate or misrepresent your affiliation with any person or entity;

•       Use the Site or Content to harass, threaten, impersonate, defame, invade the privacy of, or intimidate anyone;

•       Violate any applicable law or regulation, or use the Site or Content for any illegal or unauthorized purpose; or

•       Encourage or enable any other individual to do any of the foregoing.

CREATe will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CREATe may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that CREATe has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site , to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CREATe reserves the right, at any time and without prior notice, to remove or disable access to the Site or any Content at its sole discretion.

Copyright Policy

CREATe respects copyright law and expects its users to do the same. Please see CREATe’s Copyright Policy at http://create.org/copyright-policy, for further information.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that CREATe is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by CREATe of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

If you breach any of these Terms, CREATe will have the right to suspend or disable your access to the Site or terminate these Terms, at its sole discretion and without prior notice to you. CREATe reserves the right to revoke your access to and use of the Site and Content at any time, with or without cause.

Disclaimers

THE SITE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CREATE 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. CREATE MAKES NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CREATE MAKES NO WARRANTY REGARDING THE SITE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CREATE OR THROUGH THE SITE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold CREATe, its 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 Site or Content, or your violation of these Terms.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND CONTENT REMAINS WITH YOU. NEITHER CREATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITEOR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CREATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL CREATE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE  OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CREATE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of CREATe used herein are trademarks or registered trademarks of CREATe. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the District of Columbia without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the District of Columbia and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between CREATe and you regarding the Site and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CREATe and you regarding the Site.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without CREATe’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CREATe may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by CREATe (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of CREATe 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 representative of CREATe. 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.

Contacting CREATe

If you have any questions about these Terms, please contact CREATe at info@CREATe.org