Revised [April 21, 2020]
Thank you for choosing to be part of our community at Creatives Scale, a division of Red Canyon Media, LLC (“company”, “we”, “us”, or “our”). We are committed to protecting and maintaining your rights, as well as those of the company, and providing the best possible experience for all parties. If you have any questions or concerns about our policy, or our practices with regards to user guidelines, copyright, or governing law, please contact our support team via Twitter or Facebook Messenger.
When you visit our website www.CreativesScale.com (“Site”) and use our services, you expect us to provide a safe, well-managed experience. These Terms and Conditions are meant to help you understand what is expected from our users, our own guidelines with regards to site management, and how we deal with various situations. We hope you take some time to read through them carefully, as they are important. If there are any terms of these Terms and Conditions that you do not agree with, please discontinue use of our site and our services.
From time to time, we may make changes to these Terms and Conditions. When any changes are made, we will update the “Revised” date at the top of this document, so please check back in every now and then to ensure that you are still in agreement with our guidelines and practices.
1. When do these terms and conditions apply?
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Creatives Scale, a division of Red Canyon Media, LLC, concerning your access to and use of the www.CreativesScale.com website as well as any other platform connected to Creatives Scale (collectively, the “Site”). Creatives Scale provides an online marketplace for freelance marketing services.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. When any changes are made, we will update the “Last Updated” date at the top of this document, so please check back in every now and then to ensure that you are still in agreement with our terms and conditions. Your continued use of the Site after the revised policy is posted will be interpreted as your awareness and acceptance of the new terms.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site or use our freelance marketing services.
How do you express your acceptance of Creatives Scale’s terms?
2. Our Stance on Electronic Records & Intellectual Property
Will Creatives Scale send you records electronically?
By registering with our site, you agree to receive certain records from Creatives Scale and Red Canyon Media, LLC, such as contracts, notices, and communications, electronically. By registering you waive any rights under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You may withdraw your consent to receive your records electronically, by sending us a support message via the support methods below. However, if you withdraw your consent to receive records and notices electronically, we will revoke your access to our Site and you will no longer be permitted to use our services.
Intellectual Property Rights
Unless otherwise indicated, the Site and the freelance marketing services are our proprietary property. The following “Content” and “Marks” are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions:
- source code
- website designs
- service marks
The Content and the Marks are provided on the Site “as is” for your information and for your personal use only. Except as expressly provided in these Terms and Conditions or another form of express written permission, no part of the Site or the freelance marketing services and no Content or Marks may be:
- publicly displayed
- or otherwise exploited for any commercial purpose whatsoever
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. User Registration, Eligibility, & Representation
How can you register for an account?
You may be required to register with the Site in order to access our freelance marketing services. You agree to keep your password confidential and will be responsible for all use of your account and password. Please do not choose a name or username that is vulgar or inappropriate. We reserve the right to remove, reclaim, or change a username you select if we determine that such a username is inappropriate, obscene, or otherwise objectionable.
To register for our site, you will need a valid email address, a physical address, and a printer to print out and retain records and notices in paper form or some form of electronic storage to retain these documents. To ensure that we can provide you with a smooth and efficient service, we require that you keep your address and email address current with us.
Are you eligible for an account?
To use Creatives Scale’s services, we require that you register for an account. Our services are for business purposes only. To use our service:
- You must represent that you are an independent business or self-employed individual
- You must be age 18 or over to use our services and be able to form legally binding contracts
- You must live in a geographic area in which access to or use of our Site is not prohibited by law, decree, regulation, treaty, or administrative act
- You represent that you do not live in a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes
- You represent that you will not use our website or services if you are identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List
- You agree that if your country of residence or citizenship or other circumstances changes such that you are no longer eligible to use our site or services, then you will immediately cease using our our site and services
By agreeing to these terms and conditions you agree to:
(a) abide by this agreement and other obligations set out in our Service Agreement.
(b) be financially responsible in your use of the Site and the purchase or delivery of freelance marketing services. We reserve the right to refuse, suspend, or revoke your access to our Site and services upon discovery that any information you provided to us is untrue, inaccurate, or incomplete, or due to conduct that otherwise violates our terms.
By using the Site or the freelance marketing services, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such registration information as necessary
- You have the legal capacity and you agree to comply with these Terms and Conditions
- You will not access the Site through automated or non-human means, whether through a bot, script or otherwise
- You will not use the Site or the freelance marketing services for any illegal or unauthorized purpose
- Your use of the Site or the freelance marketing services will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
You may not use the Site or the freelance marketing services for any illegal or unauthorized purpose nor may you, in the use of the freelance marketing services, violate any laws. Among unauthorized freelance marketing services are pornography or graphic adult content, images, and other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the freelance marketing services displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content.
4. What payments are accepted and how are they processed?
Our Policy on Purchases and Accepted Payment Methods
We accept the following forms of payment:
- American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases of the freelance marketing services made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges that are displayed at the time of purchase along with any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.
5. Which activities are prohibited by Creatives Scale?
You may not access or use the Site for any purpose other than that for which we make the Site and the freelance marketing services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
- Make any unauthorized use of the freelance marketing services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- Use a buying agent or purchasing agent to make purchases on the Site
- Use the Site to advertise or offer to sell goods and services
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein
- Engage in unauthorized framing of or linking to the Site
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
- Make improper use of our support services, or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
- Attempt to impersonate another user or person, or use the username of another user
- Sell or otherwise transfer your profile
- Use any information obtained from the Site in order to harass, abuse, or harm another person
- Use the freelance marketing services as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the freelance marketing services to you
- Delete the copyright or other proprietary rights notice from any of the Content
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interfere with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the freelance marketing services
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
- Use the Site in a manner inconsistent with any applicable laws or regulations
- Offering services solely to give positive feedback to users
- Threatening users with negative feedback
- Having duplicate or shared accounts
- Advertising products or services not intended by Creatives Scale
- Falsely implying a relationship with Creatives Scale or another company with whom you do not have a relationship
- Misrepresenting experience, skills, or information about a Writers, Designer, or Marketing Specialist
6. Can users contribute content to Creatives Scale?
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other mediums. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, articles, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and the freelance marketing services and through third-party websites. As such, any Contributions you submit may be treated as non-confidential and nonproprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- You are the creator and owner of the Contribution. If you do not own it, you have the legal right to use the Contribution.
- If you include the real names or faces of people in your Contribution, you have permission from those people to use them.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18, or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site or the freelance marketing services in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site and the freelance marketing services.
Your Contribution License
By posting or making Contributions accessible to the Site, you represent and warrant that you have the right, power, and authority to post that user content and grant the licenses specified in this section.
You further represent that you will not violate third party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, or privacy rights. You represent and warrant that you are the owner of your content and Creatives Scale may exercise your copyright rights without any liability or obligation for payment.
You automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to:
- publicly perform
- publicly display
- excerpt (in whole or in part)
- and distribute
Such Contributions, no matter the format, can be used by Creatives Scale at our discretion.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. Your licenses will expire within a commercially reasonable period of time.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion:
- To edit, redact, or otherwise change any Contributions.
- To re-categorize any Contributions to place them in more appropriate locations on the Site.
- To pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You may submit comments or ideas to our Site, including ideas on how to improve. When you submit any ideas, you agree that your disclosure is voluntary and without restriction, and you place us under no fiduciary or obligation. Your ideas should also not contain the confidential or proprietary information of third parties. You acknowledge that by acceptance of your submission, Creatives Scale does not waive any rights to use similar or related ideas known or developed by us, or obtained from sources other than you.
Guidelines for Reviews
We may provide areas on the Site for you to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed
- Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language
- Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
- Your reviews should not contain references to illegal activity
- You should not be affiliated with competitors if posting negative reviews
- You should not make any conclusions as to the legality of conduct
- You may not post any false or misleading statements
- You may not organize a campaign encouraging others to post reviews, whether positive or negative
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account with online accounts you have with social media providers (each such account, a “social media account”) by either:
- Providing your Third-Party Account login information through the Site
- Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account
You declare that you are entitled to disclose your social media account login information to us and/or grant us access to your social media accounts, without breach by you of any of the terms and conditions that govern your use of the applicable social media Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the social media account.
By granting us access to any social media accounts, you understand that:
- We may access, make available, and store (if applicable) any demographic content that you have provided to and stored in your social media account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists
- We may submit to and receive from your social media account additional information to the extent you are notified when you link your account with the social media account.
Depending on the social media accounts you choose and subject to the privacy settings that you have set in such social media accounts, personally identifiable information that you post to your social media accounts may be available on and through your account on the Site. Please note that if a social media account or associated service becomes unavailable or our access to this social media account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your social media accounts at any time.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.
You can deactivate the connection between the Site and your social media account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such social media accounts, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the freelance marketing services (“Submissions”) provided by you to us are non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites and Content
The Site may contain (or you may be sent via the Site or the freelance marketing services) links to other websites (“Third-Party Websites”) as well as:
- text, graphics
- other content or items belonging to or originating from third parties (“Third-Party Content”)
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content available through Creatives Scale. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
7. How does Creatives Scale manage the site?
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms and Conditions
- Take appropriate legal action against anyone who violates the law or these Terms and Conditions, including without limitation, reporting such users to law enforcement authorities
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
- Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the freelance marketing services
How does Creatives Scale handle corrections?
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the freelance marketing services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Please be advised that the Site and freelance marketing services are hosted in the United States. If you access the Site or the freelance marketing services from the European Union, Asia, or any other region of the world you acknowledge that you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the freelance marketing services, as well as data relating to your use of the freelance marketing services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the freelance marketing services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
9. Creatives Scale’s Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements outlined within the system and the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located
- A statement that you will accept service of process from the party that filed the Notification or the party’s agent
- Your name, address, and telephone number
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
- Your physical or electronic signature
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
11693 700 E #200
Draper, UT 84020
10. How do we handle copyright infringements?
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that according to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
11. Can your account be terminated?
These Terms and Conditions shall remain in full force and effect while you use the Site and/or the freelance marketing services. Without limiting any other provision of these terms and conditions, we reserve the right to deny access to and use of the site and the freelance marketing services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms and conditions or of any applicable law or regulation. We may terminate your use or participation in the site and the freelance marketing services or delete [your account] and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. Will Creatives Scale modify or interrupt service?
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the freelance marketing services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the freelance marketing services.
We cannot guarantee the Site and the freelance marketing services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the freelance marketing services at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the freelance marketing services during any downtime or discontinuance of the Site or the freelance marketing services. Nothing in these Terms and Conditions will be understood to obligate us to maintain and support the Site or the freelance marketing services or to make any corrections, updates, or releases.
13. How will Creatives Scale handle disputes?
These Terms and Conditions and your use of the Site and the freelance marketing services are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Castle County, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:
- No arbitration shall be joined with any other proceeding
- There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
- There is no right or authority for any Dispute to be brought by a purported representative capacity on behalf of the general public or any other persons
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
- Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
- Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
- Any claim for injunctive relief
- If this provision is found to be illegal or unenforceable, the Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
14. Our Disclaimer
The site and the freelance marketing services are provided on an “as-is” and “as-available basis”. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and the freelance marketing services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content and materials
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site
- Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
- Any interruption or cessation of transmission to or from the site or the freelance marketing services
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party
- Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site
- We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We also will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or the freelance marketing services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us during the 12 month period prior to any cause of action arising or $100. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You agree to defend, compensate, and hold us harmless, including any party connected to Creatives Scale in any way, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- Your Contributions
- Use of the freelance marketing services
- Breach of these Terms and Conditions
- Any breach of your representations and warranties set forth in these Terms and Conditions
- Your violation of the rights of a third party, including but not limited to intellectual property rights
- Any overt harmful act toward any other user of the Site or the freelance marketing services with whom you connected via the Site
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15. If you are a California user and resident, who should you direct your complaints to?
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
1625 North Market Blvd., Suite N 112
Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the freelance marketing services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or the freelance marketing services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
17. How to Contact Us
In order to resolve a complaint regarding the Site or the freelance marketing services or to receive further information regarding use of the Site or the freelance marketing services, please contact us at:
11693 700 E #200
Draper, UT 84020