CreateAI Website Terms of Use
Last updated: December 19, 2024
Welcome to CreateAI!
These Terms of Use (the "Terms") sets forth the agreement between CreateAI (including any one of its parent, subsidiary and affiliated companies, collectively "CreateAI", “we”, “us” or “our”) and each user ("You" or "User"). The Terms apply to the site located at www.iamcreate.ai (the “Website”). The Terms govern your access to and use of our website, downloadable content, and online and mobile services including their online functions and other features, any updates/upgrades thereto (collectively, our "Services"). BY ACCESSING OR USING THIS WEBSITE, YOU AGREED TO BE BOUND BY AND COMPLY WITH THE TERMS. IF YOU DOES NOT AGREE WITH ANY OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.
Use of this Website is also subject to the CreateAI Website Privacy Policy (“Privacy Policy”), which is incorporated herein by reference. You represent that before you access and use this Website and any of our Services, you fully understand and agree that we can collect and process your personal information in accordance with the Privacy Policy.
1. Accounts and Security
1.1 Creation of your Account. Some Services offered through this Website may require that you register and establish an account (an “Account”). You can create by supplying a valid e-mail address, truthful and accurate information, and all the necessary criteria. Except if specifically allowed within a particular Service, you acknowledge that you may not create multiple Accounts.
1.2 Account Safety. You are also solely responsible for maintaining the confidentiality and security of your Account and any user identification, passwords, authentication codes or other security devices or procedures (collectively "Password").
You agree to accept responsibility for all activities that occur under your account or password. CreateAI reserves the right to refuse service and terminate account in its sole discretion.
2. Intellectual Property
CreateAI or third parties granting rights to CreateAI hold all right, title and interest in and to the Website and its entire contents, materials, features, and functionality (including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, expression, audio-visual effects, domain names and arrangement, collectively “Content”), which are the property of CreateAI or our licensors, and are subject to and protected by copyright and other intellectual property laws and rights. Except as expressly provided in the Terms, you have no title, right (including copyright, trademark, or other intellectual property right), or interest in the Website or any Content on this Website.
“CreateAI”, “CreateAI Website” and all related marks, including trademarks, logos, graphic designs, service names, slogans, taglines, subscription level names, feature names, and other trademarks contained or displayed on the Website are trademarks and property of CreateAI and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of CreateAI.
3. License Grant & License Conditions
3.1 License Grant
CreateAI grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access, view and make personal use of the Website (the "License"). The rights granted to you by CreateAI under this License are subject to the Terms and you may make use of the License only if you comply with all applicable Terms. This limited license terminates automatically, without notice to you, if you breach any of these Terms.
3.2 License Conditions
This License does not include any resale or commercial use of the Website or its Content; any derivative use of the Website or its Content, and the License granted hereunder is subject to the following conditions:
• you may not use, reproduce, duplicate, copy, download, store, post, broadcast, transmit, sell, resell, or make available to the public Content from the Website for any commercial purpose without the prior written approval of CreateAI.
• you may not edit, alter, enhance, or modify the Website, or any portion of it;
• you may not “frame” or “mirror” this Website, any material, or other proprietary information of CreateAI contained on or accessible from this Website, on any other server or Internet-based device without the advance written authorization of CreateAI;
• you may not use any “page-scrape” or other automatic device, algorithm, or program, or any similar manual process, to access, copy, or monitor any portion of this Website or the Content on this Website;
Any unauthorized use terminates the License or permission granted hereunder by CreateAI.
4. General Use Restrictions
4.1 As a condition of your access and use of the Websites and Services we provide, you agree that you may not, either directly or indirectly, do or attempt to do any of the following actions:
a. publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
b. defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
c. solicit activity that is illegal or infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of CreateAI or third parties;
d. develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
e. use data mining, robots, or similar data gathering and extraction tools;
f. download or copy of account information;
g. test, scan, or probe the vulnerability of this Website, or reproduce or circumvent the navigational structure of this Website;
h. exploit, distribute or publicly inform third parties of any error, miscue or bug, regardless of an intended advantage or not;
i. sell, lease, rent, license, sublicense or otherwise use whole or part of the Website or Services and related contents, information, element for a commercial purpose;
j. copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the Services;
k. use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
l. use, export, re-export any Content, or any service offered on the Website or otherwise act or omit in violation of any applicable laws or local regulations, including without limitation United States export control laws and regulations; and/or
m. allow or assist any third parties to do any of the above.
4.2 You further acknowledge and agree that your use of the our Services shall comply with any applicable laws or local regulations, and that you will immediately stop using or accessing the Services when local laws or local regulations so require.
4.3 Except as expressly authorized under the Terms, you may not copy the Website or our Services in whole or part or any accompanying materials therein. Because the Website and our Services contain our proprietary information, you agree: (i) to hold in the strictest confidence all code and any technical elements of the our Services, (ii) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (iii) subject to all applicable law (including US Copyright law and DMCA), not to make use of the Content of the Website and our Services except for your individual enjoyment and non-commercial purpose.
4.4 CreateAI expressly reserves the right to deny anyone access to the Website or Services at any time for any reason without prior notice. You further agree that CreateAI, without any liability, shall be entitled to suspend or terminate providing any of the Services or change the provided content at any time for any reason without prior notice.
5. Links to Other Sites or Third-Party Services
This Website may contain links to other sites on the internet and/or services provided by third parties that are not under the control of or maintained by CreateAI. The inclusion of such third-party links or services do not constitute an endorsement or guarantee by CreateAI of any such sites or services. You acknowledge that we provides these links to you only as a convenience, and you agree that we has no responsibility, obligation or liability for the content displayed on such sites to which you may be linked and/or any third-party services. Please be aware that this Terms does NOT apply to any of such external websites or services provided or operated by third parties. We suggest that you read the terms of the third-party websites or services carefully before visiting or using such websites or service.
6. Minors Access
By using this Website, you acknowledge and affirm that you are of the legal age of majority in your country of residence to form a binding contract with CreateAI and that you are legally and financially responsible for all actions using or accessing the Website, whether authorized by you.
If you are under the legal age of majority in your country of residence ("minor" or "child"), before you access or use the Website, your parent or legal guardian must review the Terms and accept it on their own behalf. Under applicable laws of some places, a parent or legal guardian who has accepted the Terms on their own behalf may permit a minor to use their Account, provided that the parent or legal guardian acknowledges and agrees that they are legally and financially responsible for all actions using or accessing the Website, including the actions of any minor or child they allow to access their Account, whether or not authorized by the parent or legal guardian.
The Website is not directed to, or intended for children under 16. We do not knowingly collect personal information from children under the age of 16. If you are under 16 (or other minimum age for consenting to personal information collection under the law in your jurisdiction), you must have your parent or legal guardian read through the CreateAI Website Privacy Policy with you and you represent that you have obtained the permission of your parent or guardian to use the Website and related services.
7. Disclaimer of Warranties, Limitations of Liability, and Indemnity
7.1 Disclaimer of Warranties. Although we makes reasonable efforts to verify and update the information on the Website, the Content and Services on the Website may contain inaccuracies and errors. YOUR USE OF THE WEBSITE AND OUR SERVICES IS SOLELY AT YOUR OWN RISK. THE WEBSITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE AND OUR PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY, NON-INFRINGEMENT, AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
7.2 Limitations of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL WE, OUR PROVIDERS, OR THEIR RESPECTIVE AFFILIATES, INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR OUR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT CREATEAI IS NOT LIABLE FOR THE BEHAVIOR OR ACT OF ANY OTHER USERS.
7.3 Indemnity. You alone are responsible for your actions or the actions of any person using your user name and/or password. YOU SHALL INDEMNIFY, AND HOLD HARMLESS US, OUR PROVIDERS, FROM AND AGAINST ANY CLAIMS, LOSSES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR RELATING TO YOUR USE THE WEBSITES AND OUR SERVICES, INCLUDING YOUR CONTENT, PRODUCTS, OR SERVICES YOU DEVELOP OR OFFER IN CONNECTION WITH OUR SERVICES, AND YOUR BREACH OF THE TERMS OR VIOLATION OF APPLICABLE LAW.
8. Terms and Termination
The Terms take effect when you first access or use our Services, and remain in effect until terminated. You may terminate the Terms at any time for any reason or no reason by discontinuing the use of our Services. We may terminate the Terms immediately if you materially breach the Terms. You may write an email to services@iamcreate.ai to appeal against our termination or suspension of your Services.
Upon termination, you will stop using our Services and you will promptly return or, if instructed by us, destroy any confidential information of CreateAI. The sections of the Terms which by their nature should survive termination or expiration should survive.
9. Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY— IT AFFECTS YOUR LEGAL RIGHTS
7.1 Governing Law
You and CreateAI each agree that the Terms including but not limited to any dispute, controversy, difference, or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to the Terms shall be governed by and construed under the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws.
7.2 Dispute Resolution
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. By accepting the Terms, including the Binding Individual Arbitration and Class Action Waiver provisions below, you agree that any dispute between you and CreateAI will be submitted to a neutral arbitrator for a binding decision, and you waive your right or opportunity to bring claims in court before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including class actions or representative actions).
You have the right to opt-out of this Dispute Resolution provision, as explained below, which means you would retain your right to litigate your disputes in a court, either before a judge or a jury.
For the purposes of the Terms, including this Dispute Resolution provision specifically, "Dispute" means any dispute, claim or controversy between you and CreateAI regarding any aspect of your relationship with CreateAI, including those arising out of the Terms or otherwise based in contract, statute, regulation, ordinance, tort (including but not limited to fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability, and/or scope of this Disputes Resolution provision, except as it applies to the enforceability of the Class Action Waiver set forth below. "Dispute" is to be given the broadest possible meaning that will be enforced.
1) Binding Individual Arbitration. You and CreateAI agree that, except as provided in subsection (5) below ("Opt-Out"), any and all Disputes, including their arbitrability, will be resolved exclusively and finally by binding arbitration rather than in a court, in accordance with this provision. You and CreateAI further agree that you are waiving your right to a trial by jury or to a trial before a judge in a public court. By accepting the Terms, you acknowledge and agree that other rights you may have if you went to court, such as the right to appeal and the right to obtain certain types of discovery, may be more limited or may also be waived.
The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") and the governing law of the arbitration shall be governed by the laws of the State of California. Unless otherwise agreed, the arbitration shall be conducted in a confidential manner.
You or CreateAI may initiate arbitration in the federal judicial district that includes the address you provide in your Written Notice of Dispute (defined below).
Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights (an "Intellectual Property Action"), and each party reserves the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of their intellectual property.
2) Informal Resolution. You agree that in the event of any Dispute, CreateAI and you shall first attempt to resolve any such Dispute informally for a period no less than thirty (30) calendar days before initiating arbitration proceedings. The informal Dispute resolution process shall be deemed to have begun upon the receipt of written notice from one party to the other ("Written Notice of Dispute"). The Written Notice of Dispute must include the full name and contact information of the complainant, describe the nature and basis of the Dispute, and set for the relief sought. The Written Notice of Dispute shall be sent to 9191 Towne Centre Dr. Ste 150, San Diego, CA 92122.
In the event that any such Dispute cannot be resolved informally, you agree that the Dispute, including any question regarding the arbitrability of the Dispute, shall be finally and exclusively resolved by binding arbitration in accordance with subsection 1) of Section 7.2 above.
3) Class Action Waiver. You agree that each party may only bring claims against the other solely in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding in any jurisdiction. Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, including but not limited to a class action, consolidated action, or private attorney general action, unless both CreateAI and you specifically agree in writing to do so following initiation of the arbitration. All claims and Disputes within the scope of this individual arbitration agreement must be arbitrated or litigated on an individual class basis. Claims of more than one customer or User cannot be arbitrated or litigated jointly or consolidated with those of any other customer or User. Notwithstanding any other provision of the Terms, this Dispute Resolution provision, or the AAA Rules, Disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. This specific provision is found to be unenforceable, then the entirety of this Dispute Resolution Provision contained in Section 19A shall be null and void.
4) Right to Waive. Any rights and limitations set forth in this Dispute Resolution provision may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of the Terms.
5) Exclusions from Arbitration/Right to Opt-out. Notwithstanding the above, you and CreateAI may opt out of the arbitration procedures described above. If you do so, neither you nor CreateAI can force the other to arbitrate.
You or CreateAI may opt out of these arbitration procedures and pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE US WRITTEN NOTICE OF YOUR DESIRE TO OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THE TERMS (the "Arbitration Opt-Out Notice"). The Arbitration Opt-Out Notice must include your name and address, your account and the email address you used to set up your account (if you have one), and an unequivocal statement that you wish not to resolve Disputes with CreateAI through arbitration. You must mail your opt-out notice to 9191 Towne Centre Dr. Ste 150, San Diego, CA 92122. If you do not provide us with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to the Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above.
6) Continuation. This Dispute Resolution provision shall survive the termination of your Account (if applicable), and/or your access to or use of the our Services, and/or your relationship with CreateAI.
10. Modification and Severability
CreateAI reserves the right to amend, modify or revise the Terms at any time in any way without prior notice and you agree to check periodically for new information and terms that govern your use of the Website and our Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to this Website will constitute your acceptance to the newly updated Terms and any agreements or policies therein.
If at any point you do not agree to any portion of then-current version of the Terms or policies pertaining to your use of the Website, your License under the Terms shall immediately terminate and you may immediately stop accessing to the Website.
If any of these conditions under this Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.