Please read these terms and conditions carefully before using our service.
These Terms and Conditions of Use (T&Cs) apply when you visit the website at https://www.creatorflare.com/. Your access to and use of the website are subject to these T&Cs. If you disagree with any part of these T&Cs, you must cease usage of the website, or any services, immediately. By accessing or using the Website, you acknowledge and agree to be bound by these T&Cs. If you are under 18 years of age, then you must obtain your parent or guardian's consent before accessing and using the Website.
"AS IS" and "AS AVAILABLE" Disclaimer
The information contained on the Website is provided in good faith on an "as is" basis. Creatorflare does not represent or warrant the reliability, accuracy or completeness of the information contained on the website. To the extent permitted by law, Creatorflare is not responsible or liable for any Liabilities arising in any way for errors in, or omissions from, the information on the Website.
Acknowledgment
These Terms of Use constitute the agreement governing the utilization of this service and the relationship between brands, creators, and Creatorflare. They delineate the rights and responsibilities of all users in connection with the Service.
Your access to and utilization of the Service is contingent upon your acceptance of and adherence to these Terms and Conditions. These terms are applicable to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you affirm your commitment to abide by these Terms and Conditions. If you disagree with any portion of these terms, your access to the Service is not permitted. You confirm that you are at least 18 years old, as the Company does not allow individuals under the age of 18 to use the Service.
Furthermore, your access to and utilization of the Service is subject to your agreement with and adherence to the Company's Privacy Policy. Our Privacy Policy outlines the guidelines and procedures regarding the collection, use, and disclosure of your personal information when utilizing the Application or the Website. It also informs you about your privacy rights and legal protections. We encourage you to carefully review Our Privacy Policy before using Our Service.
Registration Information and Account Security
To facilitate your use of the Site, you commit to the following: (a) furnishing precise, up-to-date, and comprehensive details about yourself, as prompted by any registration forms on the Site ("Registration Information"); (b) safeguarding the confidentiality of your password and identification; (c) regularly updating the Registration Information and any additional details you submit to Creatorflare, ensuring their accuracy, currency, and completeness; and (d) assuming full responsibility for all activities conducted through your account and any actions carried out using your account.
Intellectual Property, Confidentiality, and Data Protection
1. Grant of Sublicense for Brand Materials
During the Creator's participation in the Brand Program, Creatorflare grants a revocable, non-exclusive, non-transferable, royalty-free worldwide sublicense to the Creator. This allows the Creator to publish Brand Materials on the Creator Service within Promotional Spaces. The sublicense empowers the Creator to market the brand and its products on the Network in compliance with the Agreement and Program Terms. Sublicenses granted to Subnetworks are further sub-licensable by the Subnetwork to Sub-affiliates with Creatorflare's prior written consent. However, a sublicense granted by a Subnetwork cannot be further sublicensed by the Sub-affiliate without Creatorflare's prior written consent.
2. License for Interface Usage
Creatorflare grants the Creator a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free worldwide license to use the interface. This license is necessary for the Creator's participation in the Network and fulfilling obligations under the Agreement. The Creator must not attempt to change, reverse engineer, or create derivative works of the interface or the Tracking Code. Each party reserves its right, title, and interest in its Intellectual Property Rights. The Creator shall use information and data obtained from participating in the Network solely for the purpose of this agreement. Any use for another purpose or disclosure of such information and data is prohibited without the other party's prior written consent.
3. Confidentiality
Both parties will only use Confidential Information to enjoy their rights or comply with obligations under this Agreement. Neither party will disclose any Confidential Information, except as outlined in this Agreement. Confidential Information shall be kept confidential, with exceptions including information in the public domain (other than due to a breach of this Agreement) and independently developed by the receiving party. The obligations of confidentiality do not apply to Confidential Information disclosed in compliance with law or court order. The Company may disclose Confidential Information to Group Companies.
4. Data Protection
The Company and the Brand will comply with their respective legal obligations under Data Regulation. Each party will cooperate reasonably to enable the other party's compliance with this policy. The Company and the Brand will adhere to any data processing agreement or arrangement entered into by them concerning Personal Data published under this Agreement. Creatorflare may disclose Confidential Information to Creatorflare Group Companies.
Links to External Websites
Within our Service, you may encounter links to third-party websites or services that are not owned or under the control of the Company. We want to emphasize that the Company has no authority over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You explicitly acknowledge and agree that the Company holds no responsibility or liability, whether direct or indirect, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services.
It is strongly recommended that you thoroughly review the terms and conditions, as well as the privacy policies, of any third-party websites or services you choose to visit. This proactive approach ensures that you are aware and informed about their practices before engaging with their content or services.
Warranties and Indemnification
During the Term, each party affirms and commits to the other that:
1. It possesses full power and authority to enter into and abide by this Agreement.
2. It holds all required licenses and approvals essential for fulfilling its obligations under this Agreement.
3. It will execute its obligations in compliance with all applicable laws, employing reasonable skill and care.
4. It will refrain from making any false, misleading, or disparaging representations or statements regarding the other party.
These warranties and commitments underscore the parties' dedication to transparency, legal compliance, and fair dealings throughout the duration of this Agreement.
Communication and Legal Aspects
When utilizing our Services or corresponding with us via email, you engage in electronic communication. By using our Services, you consent to receive communications from us electronically. These electronic communications may include emails, notifications posted on our Services, "push" mobile notifications, and other similar means. You acknowledge that all agreements, notices, disclosures, and other communications sent to you electronically meet the requirement for written communication. Moreover, such electronic communications are considered enforceable and binding terms or amendments to this Agreement.
You also commit to indemnify and hold Creatorflare, along with its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand (including damages, liabilities, settlements, costs, and attorneys' fees) initiated by any third party. This claim or demand may arise due to or in connection with your access to the Services, use of the Services, violation of this Agreement by you, or the infringement by you or any third party using your account, of any intellectual property or other rights of any person or entity.
Governing Law
The laws of the Country, without considering its conflicts of law rules, shall govern these Terms and your use of the Service. Additionally, your use of the Application may be subject to other local, state, national, or international laws.Dispute ResolutionIn the event of concerns or disputes about the Service, you agree to initially attempt to resolve the matter informally by reaching out to the Company. This informal resolution process encourages communication and cooperation to address and resolve any issues that may arise.
Modifications to These Terms and Conditions
We retain the sole discretion to amend or substitute these Terms at any time.
By persisting in accessing or utilizing Our Service subsequent to the implementation of such revisions, you affirm your consent to abide by the adjusted terms. If you do not concur with the new terms, whether in whole or in part, we kindly urge you to discontinue using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, you can contact us at contact@creatorflare.com.
