Welcome to Creativethings Terms and Conditions of Use
1 THIS AGREEMENT GOVERNS YOUR USE OF THE CREATIVETHINGS.IT WEBSITE. TO LEARN ABOUT USAGE RIGHTS FOR OUR AFTER EFFECTS TEMPLATE, PLEASE REFER TO THE “PRODUCT LICENSING AGREEMENT“.
1.1 Creativethings website is owned, operated, and provided by S & M Solutions Ltd. Throughout the site, the terms “we”, “us” and “our” refer to S & M Solutions Ltd “Creativethings”. S & M Solutions Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of use (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.
1.3 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.4 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.5 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. If you’re under 18 you will need to get a parent or guardian to buy items or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
2. Copyright notice
2.1 Copyright (c) 2012 Creativethings – Marianna Di Franco.
2.2 Subject to the express provisions of these terms and conditions:
(a) we Creativethings, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website;
subject to the other provisions of these terms and conditions.
3.2 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.4 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of earch engine indexing;
(e) violate the directives set out in the robots.txt file for our website; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
(g) Adult content: This includes images or videos that contain nudity or sexual activity, or any commercial activity linked to making money from adult content such as escort agencies.
(h) Exploitation of children: This includes images or videos depicting children in a way that encourages or promotes attraction towards children.
(i) Hate speech: This includes content that supports or condones violence or discrimination against individuals based on race, ethnicity, religion, disability, age, gender, nationality, sexual orientation or gender identity.
(l) Incitement of violence: This includes content that threatens, or that is intended to incite, violence against an individual or group of individuals.
(m) Harassment: This includes any form of harassment or bullying against an individual or group of individuals.
(n) Defamation: This includes any untruthful comments about a person that has the tendency to lower their estimation in the eyes of others.
(o) Copyright and third party intellectual property: Using the creativethings site, products or services in violation of the copyright or other intellectual property rights of others is NOT cool, and is illegal, so please don’t do that.
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Digital products
5.1 It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.
5.2 Save to the extent expressly provided otherwise, these terms and conditions shall not govern the sale, purchase or licensing of our digital products, or any other matters relating to our digital products. The sale and purchase of digital products through our website, and the licensing of those digital products, will be subject to our Product Licensing Agreement, and we will ask you to agree to the terms of that document each time you make a purchase on our website.
5.3 Any digital product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.
6. Registration and accounts
6.1 You may register for an account with our website by completing and submitting the account registration form on the checkout page, and clicking on the verification link in the email that the website will send to you.
6.2 You must not allow any other person to use your account to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account;
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website at any time by sending an email to firstname.lastname@example.org and providing your account Name and email.
9. Report abuse
9.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
9.2 You can let us know about any such material or activity by email at email@example.com
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 To the extent that our website and the information on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.1 We may revise these terms and conditions from time to time.
13.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Entire agreement
15.1 Subject to Section 11.1, these terms and conditions , together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with English law.
16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
16. Our details
16.1 Creativethings website is owned and operated by S & M Solutions Ltd.
16.2 We are registered in England and Wales under registration number 09610530, and our registered office is at 32A Mycenae Road, SE3 7SG London, UK.
16.3 Our principal place of business is at 32A Mycenae Road, SE3 7SG London, UK.
16.4 You can contact us by email, using the email address published on our website from time to time.