Terms and Conditions of Use
Created January 2023
Last updated October 2023
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This web site, including all of its features and content (“Site”) is made available by Crear Publishing LTD, or its affiliates (“we or us”) and all content, information, services and software provided on or through this Site (“Content”) is subject to the following terms and conditions (“Terms”).
1. Limited License. As a user of this Site you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the Site and Content in accordance with these Terms. We may terminate this license at any time for any reason.
2. Limitations on Use; Third Party Communications.
2.1. The Content on this Site is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Content. The use of any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users is prohibited. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site or the Content without our prior written permission. You may not use this Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. Unauthorised use of this Site or its Content is prohibited.
2.2. We have no liability for any third party communications you may receive or any actions you may take or refrain from taking as a result of any third party communication you receive on the Site. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third party communications. We are not responsible for verifying, and make no representations or warranty regarding any third party communications on the Site.
3. Content provided on the Site is not intended to and does not constitute a sale and business-client relationship is formed through use of the Site. Submissions or Postings to the Site are not confidential. We do not warrant or guarantee the accuracy, completeness or adequacy of the Content. Your use of Content on the Site or materials linked from this Site is at your own risk.
4. Intellectual Property Rights.
4.1 Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring on you or any third party any license or right, to intellectual property rights in the Content or the Site.
4.2 You grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorise use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit (collectively, “Postings”) to the Site. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
4.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to us a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you in section 4.2 of these Terms and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right.
4.5. By submitting Postings to this Site, you acknowledge and agree that we may create our own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings you submit.
5. You may provide links to this Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Site, including any advertisements, Terms, copyright notice, and other notices on this Site, (b) you immediately deactivate and discontinue providing links to this Site if requested by us, and (c) we may deactivate any link(s) at its discretion.
6. You shall not make any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without our express written permission. Notwithstanding the foregoing, in any interactive areas of this Site (the “Interactive Areas”), which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own Site’s URL and b) may recommend third party Sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Site, product or service or its recommendation.
7. Certain sections of this Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. We do not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify us immediately by email to firstname.lastname@example.org
8.1. You may not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libellous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, infringe the rights of any party, or give rise to liability or violation of any applicable law. We may delete your Postings at any time for any reason without permission from you.
8.2. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
8.3. We do not monitor or screen Postings and we are not responsible for the content in such Postings or any content linked to or from such Postings. We reserve the right, in our sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time.
9. We do not represent or warrant that the Site, Content or Postings will be error-free, accurate, up to date, reliable, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We may make improvements and/or changes to the Site or the Content at any time.
10. Third party content (including, without limitation, Postings) may appear on the Site or may be accessible via links from this Site. We are not responsible for have no liability any third-party content on the Site.
11. DISCLAIMER. THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
12. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD-PARTY COMMUNICATIONS. WE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SOLICITORS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD-PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO £100.00.
13. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable solicitors’ fees, resulting from any violation of these Terms by you or arising from or related to any Postings uploaded or submitted by you.
14. The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability), and 13 (Indemnification) are for the benefit of us and our officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to this Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
15. We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
16. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Site and any other Sites operated by us or our affiliates and their features.
17. This Agreement, and any non-contractual obligations arising out of or in connection with this Agreement, shall be governed by and construed in accordance English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claims which may arise under or in connection with this Agreement (including non-contractual disputes or claims).
18. Additional Terms.
18.2. Your use of the Crearpublishing.com registration process and your use of the associated services constitutes your acceptance of these terms. If you do not agree with any of these terms, you are not permitted to access the Crearpublising.com site.
20. Modifications to Terms. We reserve the right to change these Terms at any time. Updated versions of the Terms will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Site after any such changes constitutes your consent to such changes.