TERMS & CONDITIONS

The Creative Exchange (“TCE” or “we”) provides its content on TheCreativeExchange.co (“Website”) subject to the following terms and conditions (“Terms”).

 

USE OF THE WEBSITE

By accessing or using this Website, you, the user of the Website (“you,” “your,” or “user”), are subject to and agree to be bound by these Terms, our Privacy Policy Statement, and any other additional terms incorporated by reference herein. You are authorized to use this Website only if you agree to abide by all applicable laws and regulations. Please read these Terms and the Privacy Policy Statement carefully. If you do not agree with these Terms, you should leave this Website and discontinue use of this Website.

 

MODIFICATIONS

We may periodically change the Terms, so please check back from time to time. Any such modifications shall be effective upon posting on the Website. You agree to be bound to any changes to these Terms when you use the Website after any such modification is posted. It is therefore important that you review these Terms each time before accessing the Website to ensure that you are updated as to any changes. If you do not want to be bound by a modification to these Terms, you will need to refrain from using the Website. No other amendments will be valid unless they are in a paper writing signed by TCE and by you. You understand and agree that TCE may discontinue or change the Website at any time, without notice to you. TCE makes no commitment to update the information and content on the Website.

 

COPYRIGHTS

All content and functionality on the Website, including without limitation all text, graphics, logos, icons and images and the selection and arrangement thereof, are the exclusive property of TCE or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

 

TRADEMARKS

The trademarks, service marks, designs and logos (collectively, the “Trademarks”) displayed on the Website are the registered and common law Trademarks of TCE and its licensors. You agree that you will not refer to or attribute any information to TCE or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, TCE or its licensors. All rights not expressly granted are reserved.

 

USE OF SITE CONTENT AND TERMINATION

TCE hereby grants you a limited, non-exclusive, non-transferable license for the term hereof to access and download, display and print one copy of the content and functionality displayed on the Website (collectively, the “Website Content”) on any single computer for your internal, non-commercial use, provided that you do not modify the Website Content in any way and that you retain all copyright and other proprietary notices displayed on the Website Content. You shall not otherwise reproduce, modify, distribute, perform, transmit, post, publish, disclose, store, disassemble, or de-compile the Website Content without TCE’s prior written consent. Systematic retrieval of data or other Website Content from the Website to prepare any collection, compilation, database, or directory is strictly prohibited. You understand and agree that TCE, in its sole discretion, may direct you to cease using the Website, and discontinue or restrict your access to the Website, all without notice to you and for any reason. You agree that TCE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any parts thereof.

 

PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website: in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Contribution Standards set out in these Terms; to transmit, or procure the sending of, any advertising or promotional material without TCE prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; to impersonate or attempt to impersonate TCE, a TCE employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Website or users of the Website or expose them to liability.

Additionally, you agree not to: use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the Website; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or otherwise attempt to interfere with the proper working of the Website.

 

USER POSTINGS

The Website may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the Website. Any User Contribution you post to the Website will be considered non-confidential and non proprietary. By providing any User Contribution on the Website, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You represent and warrant that: (A) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and (B) All of your User Contributions do and will comply with these Terms, including the Contribution Standards below.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TCE, have full responsibility for such information, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the substance or accuracy of any User Contributions posted by you or any other user of the Website.

 

CONTRIBUTION STANDARDS

These contribution standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy Statement; be likely to deceive any person; promote any illegal activity, or advocate, promote or assist any unlawful act; cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person or organization; involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

MONITORING AND ENFORCEMENT

TCE reserves the right to: remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for TCE; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

We do not undertake to review all User Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or information provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by TCE, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TCE. We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by third parties.

 

HYPERLINKS TO THIRD PARTY WEBSITES

TCE makes no representations whatsoever about any third-party website which you may access through our Website. When you access a third-party website, please understand that it is independent from TCE, and that we have no control or responsibility over the content on that website, even if we provide content on that website. TCE provides hyperlinks only as a convenience. A hyperlink to a third party website does not imply that TCE endorses the content on or the business of the hyperlinked website. These third-party websites are governed by the terms of use and privacy policies, if any, of the third-party content providers. You are solely responsible for determining the integrity and reliability of the information on the Website as well as the information on the hyperlinked website.

 

DISCLAIMERS

The content and functionality on the Website is provided with the understanding that TCE is not herein engaged in rendering professional advice and services to you. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TCE MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE; NOR DOES TCE MAKE ANY WARRANTY AS TO THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT. TCE MAKES NO WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY SITE. NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TCE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL , PUNITIVE, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF TCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TCE IS ALSO NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY YOU, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE WEBSITE. IN NO EVENT SHALL TCE OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT APPLY TO ALL USERS.

 

INDEMNITY

You agree to indemnify and hold harmless TCE, and its subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims and expenses, including attorneys’ fees, arising from your use of the Website, breach of these Terms, or breach of any third party’s rights. This indemnification shall survive your use of the Website.

 

INFRINGEMENT NOTICE

TCE prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights, including the rights of privacy and publicity, of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any information on the Website, please write to TCE at the address shown below, providing a written statement. To be effective, the statement must contain the following information:

  1. Identification of the copyrighted content and/or intellectual property right claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;

  2. Identification of the allegedly infringing material on the Website that is requested to be removed and information reasonably sufficient to permit TCE to locate the material;

  3. Your name, address, daytime telephone number and an electronic mail address at which you may be contacted;

  4. A good faith statement of belief that the use of the copyrighted work and/or exercise of intellectual property right is not authorized by the copyright owner, its agent or the law;

  5. A statement that the information in the notification is accurate, and, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and

  6. The physical or electronic signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.

TCE will remove any posted submission that infringes the copyright and/or intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). TCE’s contact for submission of notices under this section is: The Creative Exchange, 5409-15 Portree Place, Raleigh, NC 27606.

 

GOVERNING LAW

These Terms are governed by the laws of the State of North Carolina without reference to the principles of conflicts of laws thereof. You expressly consent to the jurisdiction of the state and federal courts of North Carolina for any dispute or claim arising out of these Terms.

 

LIMITATION TO FILE ON FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

WAVER AND SERVERABILITY

No waiver by TCE of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TCE to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

 

ENTIRE AGREEMENT

These Terms, as amended, and the consents provided by you, constitute the entire agreement between you and TCE.

 

COMMENTS AND CONCERNS

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to hello@thecreativeexchange.co. You may also call us at 919-322-8296.

 

Last Updated: August 26, 2016.