TheCreator.ME is a global social commerce platform, which allows you and its community to unleash creativity, harness talent, work together and bring design products to life. Please bear with us, we are still in Beta mode and welcome all forms of feedback to make our community even better.
Nothing in this Agreement shall however be construed as imposing or suggesting any undertaking or obligation on either party; nor as an expression of any representation and association or warranty by you to deal with TheCreator.ME nor to invest in TheCreator.ME or otherwise.
Your TheCreator.ME Account and Site
If you create a TheCreator.ME profile on the website, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and TheCreator.ME may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause TheCreator.ME liability. You must immediately notify TheCreator.ME of any unauthorized uses of your profile, your account or any other breaches of security. TheCreator.ME will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. TheCreator.ME cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Responsibility of Content Contribution
If you operate a profile, comment on a profile, post material to the profile, post links on the profiles, or otherwise make (or allow any third party to make) material available by means of the Profile (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain 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); the Content is not pornographic, libellous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your profile is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by TheCreator.ME or otherwise. By submitting Content or linking to other Profiles to TheCreator.ME for inclusion on your profile, you grant TheCreator.ME a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your profile. If you delete Content, TheCreator.ME will use reasonable efforts to remove it from the profile, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, TheCreator.ME has the right (though not the obligation) to, in TheCreator.ME's sole discretion (i) refuse or remove any content that, in TheCreator.ME's reasonable opinion, violates any TheCreator.ME policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Profile to any individual or entity for any reason, in TheCreator.ME's sole discretion.
TheCreator.ME has a zero tolerance policy for the practice of deliberately claiming a recognizable name which does not belong to the claimant (ie. "name squatting"). Beyond prevention of infringement on trademarks, brands and DBA names, TheCreator.ME is committed to ensuring the right of individuals in the public sphere to claim their legal names and associated monikers on the Service. By registering a recognized name (e.g. that of a celebrity, recording artist, or actor) you agree to forfeit that username should the rightful owner protest your claim. With no prior notice, TheCreator.ME reserves the right to delete any and all uploaded assets, including text and images, and re-assign the account email and password to the authenticated claimant.
Services Fees Payment
Currently, TheCreator.ME is a free service. We maintain the right to change that at a later date.
Responsibility of Profile Visitors
Content Posted on Other Profiles
We have not reviewed, and cannot review, all of the material, including computer software, made available through the profiles and webpages to which TheCreator.ME links, and that link to TheCreator.ME. TheCreator.ME does not have any control over those non-TheCreator.ME profiles and webpages, and is not responsible for their contents or their use. By linking to a non-TheCreator.ME profile or webpage, TheCreator.ME does not represent or imply that it endorses such profile or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TheCreator.ME disclaims any responsibility for any harm resulting from your use of non-TheCreator.ME profiles and webpages.
This Agreement does not transfer from TheCreator.ME to you any TheCreator.ME or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TheCreator.ME. TheCreator.ME, TheCreator.ME logo, and all other trademarks, service marks, graphics and logos used in connection with TheCreator.ME, or the Profile are trademarks or registered trademarks of TheCreator.ME or TheCreator.ME's licensors. Other trademarks, service marks, graphics and logos used in connection with the Profile may be the trademarks of other third parties. Your use of the Profile grants you no right or license to reproduce or otherwise use any TheCreator.ME or third-party trademarks.
Copyright Infringement and Copyright Directive Policy
As TheCreator.ME asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TheCreator.ME violates your copyright, you are encouraged to notify TheCreator.ME in accordance with TheCreator.ME's Copyright Directive Policy (in line with DMCA and EUCD directives).TheCreator.ME will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of TheCreator.ME or others, TheCreator.ME may, in its discretion, terminate or deny access to and use of the Profile. In the case of such termination, TheCreator.ME will have no obligation to provide a refund of any amounts previously paid to TheCreator.ME.
Product Licence and Contract
When a product moves into the 'BackIT' stage, TheCreator.ME and the designer will enter a separate business contract outlining the rights and responsibilities of both parties for the usage, prototyping, manufacturing, distribution and retailing of the product. TheCreator.ME does not take ownership of intellectual property of the product when agreeing to this business contract.
The business contract will allow TheCreator.ME to commission, from the designer(s), production of the proprietary design and to distribute and market the product through sales channels worldwide. In the event of successful distribution and sale of a product, the designer(s) will get a well above average commission on the sales proceeds generated. Other than that, TheCreator.ME has no financial obligation to the designer(s) and cannot guarantee the sale of a certain or a minimum number of products.
TheCreator.ME may terminate your access to all or any part of the Profile at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TheCreator.ME account (if you have one), you may simply discontinue using the Profile. Notwithstanding the foregoing, if you have a Services account, such account can only be terminated by TheCreator.ME if you materially breach this Agreement and fail to cure such breach within thirty (30) days from TheCreator.ME's notice to you thereof; provided that, TheCreator.ME can terminate the Profile immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Profile is provided "as is". TheCreator.ME and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TheCreator.ME nor its suppliers and licensors, makes any warranty that the Profile will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Profile at your own discretion and risk.
Limitation of Liability
In no event will TheCreator.ME, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TheCreator.ME under this agreement during the twelve (12) month period prior to the cause of action. TheCreator.ME shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless TheCreator.ME, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Profile, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between TheCreator.ME and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TheCreator.ME, or by the posting by TheCreator.ME of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Profile will be governed by the laws of the United Kingdom.
Information Collection and Use
We collect and use your information to provide our Services and improve them over time.
Information Collected Upon Registration: When you create or reconfigure a TheCreator.ME account, you provide some personal information, such as your name, user-name, password, and email address. Some of this information, for example, your name and username, may be listed publicly on our Services, including on your profile page and in search results. Some Services, such as search, public user profiles and viewing lists, do not require registration.
Additional Information: You may provide us with additional information to make public, such as a short biography, your location, or a picture. You may customize your account with information such as a cell phone number for the delivery of SMS messages or your address book so that we can help you find TheCreator.ME users you know. We may use your contact information to send you information about our Services or to market to you. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our web site. If you email us, we may keep your message, email address and contact information to respond to your request. Providing the additional information described in this section is entirely optional.
Location Information: You may choose to display your location on your TheCreator.ME profile.
Log Data: Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited, and search terms. Other actions, such as interactions with advertisements, may also be included in Log Data.
Links: TheCreator.ME may keep track of how you interact with links by redirecting clicks or through other means. We do this to help improve our Services, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
Cookies: Like many websites, we use "cookie" technology to collect additional website usage data and to improve our Services, but we do not require cookies for many parts of our Services such as searching and looking at public user profiles or lists. A cookie is a small data file that is transferred to your computer's hard disk. TheCreator.ME may use both session cookies and persistent cookies to better understand how you interact with our Services, to monitor aggregate usage by our users and web traffic routing on our Services, and to improve our Services. Most Internet browsers automatically accept cookies. You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
Third Party Services: TheCreator.ME uses a variety of services hosted by third parties to help provide our Services, and to help us understand the use of our Services, such as Google Analytics. These services may collect information sent by your browser as part of a web page request, such as cookies or your IP request.
Information Sharing and Disclosure
We do not disclose your private information except in the limited circumstances described here.
Your Consent: We may share or disclose your information with your consent, such as when you use a third party web client to access your TheCreator.ME account.
Law and Harm: We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect TheCreator.ME's rights or property.
Non-Private or Non-Personal Information: We may share or disclose your non-private, aggregated or otherwise non-personal information, such as your public bio or the number of users who clicked on a particular link (even if only one did).
Modifying Your Personal Information
If you are a registered user of our Services, we provide you with tools to access or modify the personal information you provided to us and associated with your account.
Our Policy Towards Children
Our Services are not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.
Changes to this Policy
Deletion of Account
At any point in time, you can request that we close your profile and delete all of your existing personal information in our domain. If you delete your account, TheCreator.ME will use reasonable efforts to remove it from its servers, but you acknowledge that caching or references to your profile and content may not be made immediately unavailable on the internet.