© 2013 Creativebug, Inc.
Revised as of November 5, 2012
Welcome to the www.creativebug.com network of websites and Applications (the “Site”) of Creativebug Inc., a California corporation (“Creativebug,” also referred to herein as “us,” “we” and “our”). Thank you for your interest in using our services (“Services”) and tangible products (separately, “Products,” and collectively “Offerings”). As part of our Offerings, we provide our Registered Users (defined below) access to our Site, and to a wide array of arts and crafts related multi-media content, including video workshops, audio, graphics, photos, text, special features, digital downloads and/or messages, and a forum for blogs and postings (collectively, “Content”) from experienced artist instructors (“Artists”), students and others. We provide access to the Content by streaming it over the Internet.
PLEASE THEREFORE CAREFULLY READ THIS AGREEMENT BEFORE YOU REGISTER OR USE ANY SERVICES. IF YOU DO NOT AGREE WITH THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT REGISTER OR USE ANY SERVICES, AND DOING SO WOULD BE UNAUTHORIZED, CONSTITUTE A TRESPASS, AND VIOLATE APPLICABLE LAW. Any acceptance of your offer, and the provision of our Offerings will occur at our principal places of business, currently in San Francisco, California.
We reserve the right, in our sole discretion, to change the Agreement at any time, effective ten (10) days after posting of the revised Agreement on the Site. Your continued use of the Site or any Services after such posting or notification means you accept all revisions. If you do not agree to the revised Agreement, you must terminate this Agreement pursuant to the termination provisions below, and discontinue your use of this Site and all Services. Except solely as provided in this paragraph and the severability provision of this Agreement, this Agreement may not be changed without the handwritten (non-electronic) signature of an authorized person at Creativebug®.
Only Registered Users may view, play, download, or upload Content or otherwise use restricted portions of the Site or request or receive certain Services. In order to become a Registered User, you will need to create an account initially by registering with us online and then logging into the Site. In creating an account, you must provide us with a unique (as to us) email address, username and password, along with other accurate and complete registration information, as prompted in the registration form. You shall be solely responsible for the use of your user name and password, including their safekeeping so they are not disclosed to or used by any unauthorized third party. Login credentials are non-transferable.
Each Registered User must also establish a user profile that will be publicly displayed and will identify you to other Registered Users (“Profile”). Your Profile must, at a minimum, include a username of your choice and a profile picture (which may be a photograph or image provided by you or a default option provided by Creativebug). You may also, at your election, display on your Profile other information which you wish to make public such as a profile description prepared by you, links to your website, blog, Twitter feed, Facebook page or other online presence, interests (e.g., knitting, jewelry, painting), including content created by you and submitted to Creativebug in connection with your use of the Site, your participation in workshops, and buying items from Creativebug through the Site (including video and/or written content, images, information and other materials (collectively, “User Submissions”). You understand that whether or not such User Submissions are published, Creativebug does not guarantee any confidentiality with respect to any User Submissions. (We discuss User Submissions more fully under the heading, User Submissions, below.)
You must promptly notify us if any of your registration information changes. If you fail to provide or update such information, we may suspend or terminate your subscription or registration, and we may not be able to contact you to provide information in which you may be interested. In dealing with us, you may not impersonate another person or misrepresent your authority to act on behalf of others.
We reserve the right to deny you and others access to the Site, refuse service, suspend or terminate accounts, remove or edit Content, or cancel orders at any time, either temporarily or permanently, for any reason in our sole discretion, including without limitation our determination that you have failed to abide by the terms of the Agreement or appear likely to us to do so. By granting you access at any time, we do not obligate ourselves to maintain the Site in any form, and we expressly reserve the right to modify, suspend, or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close the Site and delete any files which you may maintain at the Site and any information which you may choose to post. You should keep a copy of any material which you post to or maintain at the Site because we will not undertake to retain copies of any material which we or others may delete from the Site.
The Creativebug Application allows you to access certain materials and functionality available on the Site through a tablet or mobile device. Creativebug reserves the right to withdraw or amend any Application at any time for any reason. As a Registered User, You acknowledge that the terms of the agreement with your mobile network provider will continue to apply when using an Application. You acknowledge You may be charged by your mobile network provider for access to mobile network connection services while accessing an Application or any such third party charges as may arise, and You accept responsibility for any such charges that arise. If you are not responsible for the bill payment of the service for the mobile telephone or handheld device being used to access an Application, You will also be assumed to have received permission to access the Application from the responsible party.
To use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications that are specified within the Application. Creativebug does not accept any responsibility for the unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure that may result in an Application being unavailable. Creativebug will not be responsible for any support or maintenance for Applications.
When you visit our Site or email us, you are communicating with us electronically. You consent to receive communications from us electronically, either by email or notices we post on our Site, and if necessary, by regular mail or telephone. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically satisfies any legal requirement that such communications be in writing.
As between the parties, and provided that you continue to meet all of the Registered User requirements, we grant to you as a limited, non-exclusive, personal, non-sublicensable, non-transferable, revocable, license to access and use the Site and Services only in order to view only such Content on no more than one (1) computer or personal device at the same time and, for Subscribers, solely for your non-commercial, personal or household use (“License”). Except for the foregoing limited License, no right, title or interest is provided to you. If you are a Subscriber, your License extends only during your subscription period. If you are an Artist, these Terms of Service incorporate by reference the separate Artists Instructional Services Agreement between you and us, and your License term extends only during the period specified therein. By posting or providing to us any Content on the Site, you grant to us a non-exclusive, perpetual, paid-up, royalty-free worldwide, license to use (including but not limited to copying, sublicensing, creating derivative works of, and performing publicly) your Content on the Site and in any other media.
You may not use any data mining, robots, or similar data gathering and extraction tools on the Site or on any portion of it. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Site or any copyright or trademark notices on any Content. Any unauthorized use of the Site, any Services or any Content or any other content (e.g., promotional materials) will automatically and without notice terminate the limited License granted by us and will result in the cancellation of your subscription. You may not decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software or digital rights management feature on the Site into a readable form in order to examine the construction of such software and/or to copy or create other competitive products or materials based in whole or in part on such software or any feature of the Site or Services or Content, or intercepting or recording network communications between the Site and us.
In no event shall any Content, Artist submissions or User Submissions be used for any website or publication of any sort which is competitive with the Site. For the sake of clarity, a website or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Creativebug and/or the Site.
At various times, we may choose to make available updates, bug fixes, enhancements or other changes to the Services or Site (collectively, “Service Updates”). Service Updates may be: (i) automatic, such as in connection with general network changes and additional features or updates to data required by the Service; (ii) at your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; or (iii) mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Site and fully utilize the Services.
Creativebug offers both regular and gift subscriptions for differing subscription periods, currently monthly, 3-month, and 6-month periods. We also may but are not promising to offer trial periods, special promotional plans, bundled plans, premium services with respect to one or more types or categories of Content, and subscriptions with different limitations. WE RESERVE THE RIGHT TO MODIFY, TERMINATE OR OTHERWISE AMEND OUR OFFERED SUBSCRIPTIONS PLANS AT ANY TIME.
By starting your Creativebug subscription, you expressly agree that we are authorized when you register to charge to the Payment Method you provided at that time (or to a different Payment Method if you change your Account information or we change Payment Methods) the applicable subscription fee at the then current rate plus any applicable taxes, and any other charges you may incur in connection with your use of the Services or purchase of Products. We will begin billing your Payment Method for such amounts at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period, beginning of your subscription AND, EXCEPT FOR GIFT SUBSCRIPTIONS, AT THE BEGINNING OF EACH SUBSEQUENT CORRESPONDING SUBSCRIPTION PERIOD THEREAFTER UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION PRIOR TO SUCH RENEWAL. Discounts, rebates or other special offers are only valid for the initial subscription period; subscriptions therefore renew at the then-current full subscription rate. If an existing Subscriber receives a gift subscription, Creativebug will either (i) credit the value of the gift subscription towards the Subscriber’s renewal subscription payment obligations if the gift subscription period is shorter than the Subscriber’s existing subscription, or (ii) commence the gift subscription after the termination of the person’s existing subscription if the gift subscription period is longer than the Subscriber’s existing subscription.
Subscription fees and charges for both standard and gift subscriptions are fully earned upon payment. UNUSED SUBSCRIPTION FEES ARE THEREFORE NON-REFUNDABLE. Gift subscriptions have no exchange, cash or surrender value. Each Subscriber’s License is expressly conditioned upon timely payment of all applicable subscription fees.
At any time, and for any reason, we may provide a refund, discount, bonus, or other consideration to some or all of our Subscribers (“credits”). The amount and form of such credits, and the decision to provide them or not, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Additional charges for Services may include, without limitation, gift subscription purchases you make, or changes in subscription plans. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you at least thirty (30) days’ advance notice of these changes by email. Such notices to you shall be deemed to have been given upon transmission.
You undertake that all details you provide to us for the purpose of purchasing Products or video workshops from the Site will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products. We reserve the right to obtain validation of your credit card details before providing you with any Offerings. Any delivery times or dates stated are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time. We are entitled to refuse any order placed by you for any reason. If your order is accepted by the Site, we will confirm acceptance to you by online electronic means to your provided email address. Creativebug will replace Products that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Contact our customer service team at firstname.lastname@example.org regarding the problem with the product and they can provide you with a prepaid return label and shipping instructions. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact customer before returning the item, and we must be able to validate the damage/defect/error.
If you are not satisfied with Products purchased from the Site, you may return them within thirty (30) days after delivery. Returns will receive a refund of the price of the item and any applicable taxes, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, and in their original packaging, and with all paperwork including your packing slip to ensure full credit. Shipping costs will not be refunded unless the item is being returned because it is incorrect, damaged or defective. Creativebug reserves the right to refuse any returns if they do not meet our return requirements. Please email email@example.com for shipping instructions.
You must have Internet access and a valid Payment Method to subscribe to our Services, give a gift subscription or purchase any Products. All prices, features, specifications, Offerings, and Content are subject to change or discontinuance at any time without prior notice. Products may become unavailable even after an order is placed. Special Product or Service offerings and promotions displayed on the Site are considered no longer valid once they are removed from the Site.
All prices are listed in U.S. dollars and are valid until altered by us. We currently accept VISA, MasterCard, and American Express credit cards, PayPal (in some instances), and may accept in the future other payment methods (collectively, “Payment Methods”). We reserve the right to change the Payment Methods we accept at any time without notice.
If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by logging on to your account and and clicking on the Account Settings icon available at the top of the pages of the Site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your Account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
If we are unable to process a payment using your selected Payment Method, we may, but are under no obligation to, call or email you to ask whether you wish to use an alternate Payment Method. We may terminate your Subscription or your order for Products, withhold upgrades to the Services, and take such other action as appropriate if we are unable to process your Payment Method and you do not provide an alternate Payment Method. You agree to reimburse us for any and all costs incurred in collecting amounts owed by you to us or any of our suppliers, or incurred by us in collecting any payment, including, without limitation, attorneys’ fees and costs of collection agencies.
Due to the potentially large amount of Content posted by subscribers on the Site, we generally do not undertake to monitor or control the nature of the available Content. You are solely responsible for your interactions with Artists, other Content providers, and other users of the Services. We reserve the right but have no obligation to monitor interactions between you and other users of the Services, remove, edit, or take any other action to restrict access to or the availability of any material that we or a user of the Services may consider to be unlawful, obscene, lewd, lascivious, filthy, excessively violent, harassing, threatening, demeaning, offensive, invasive of privacy, or otherwise objectionable.
Please act responsibly when using the Services. You may only use the Services, Site, and Content for lawful purposes and in accordance with applicable law, and you may not store, distribute or transmit any unlawful material through the Site or Services. You may not collect or store personal information regarding other Subscribers. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if any third party claims that any of your User Submissions are unlawful, you will bear the burden of establishing that they are lawful.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Creativebug is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Creativebug with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Creativebug, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
You acknowledge and agree that neither we nor any of our licensees, Artists, sponsors, suppliers, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyrights or other rights in and to any User Submissions, and that Creativebug and its licensees, Artists, sponsors, suppliers, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any User Submissions submitted.
You are not permitted to link to the Site from any third-party site without our prior written permission. However, the Site may link you to other sites on the Internet including, without limitation, sites owned or controlled by our sponsors and Affinity Providers. These may include links to third-party retailers of workshop materials for the convenience of Subscribers. Third-party sites may contain information or material that some people may find inappropriate or offensive. All third-party sites may have their own, different privacy policies. Such other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us or our partners) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.
CREATIVEBUGSM, the Creativebug logo, and WHAT WILL YOU MAKE TODAY?SM are trademarks or service marks owned by Creativebug. All page headers, custom graphics, button icons, and scripts, are trademarks, trade dress, or service marks of Creativebug. You hereby acknowledge that any use by you of such trademarks, trade dress, or service marks is for the sole benefit of Creativebug, and all goodwill generated by such use shall inure to our sole benefit. All other trademarks, trade names, service marks and the like that appear on the Site, Service or Products are the property of their respective owners. You may not use any of these trademarks, trade names, trade dress, or service marks without the respective owner’s express permission.
You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Creativebug or third parties without our or their respective express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the Creativebug name or trademarks without our express written consent.
CREATIVEBUG PROVIDES THE SITE, PRODUCTS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREATIVEBUG AND OUR AFFILIATES, ARTISTS, SPONSORS, OTHER CONTENT PROVIDERS, LICENSORS, SUPPLIERS AND PRODUCT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND THEY DO NOT REPRESENT OR WARRANT THAT THE SITE, OR THE SERVICES, PRODUCTS, CONTENT, INFORMATION, OR MATERIALS AVAILABLE ON OR THROUGH THE SITE, ITS SERVERS, OR EMAIL WILL: (I) BE UNINTERRUPTED, (II) BE FREE OF DEFECTS, VIRUSES, INACCURACIES, ERRORS, OR OTHER HARMFUL COMPONENTS, (III) MEET YOUR REQUIREMENTS OR SATISFACTION, (V) BE SECURE FROM HACKERS OR OTHER UNAUTHORIZED PERSONS; OR (V) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. CREATIVEBUG IS NOT RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS, SERVICES, OR CONTENT.
ANY THIRD-PARTY CONTENT, LINKS, PRODUCTS, SERVICES, RESOURCES, OR INFORMATION THAT WE PROVIDE ON OR MAKE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE AVAILABLE THROUGH THIRD-PARTY WEBSITES, LINKS, ADVERTISING OR ADVERTISEMENTS, ARE NOT CONTROLLED BY US. ACCORDINGLY, WE MAKE NO WARRANTIES REGARDING THEM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, AND COMPLIANCE WITH APPLICABLE LAW, AND YOU EXPRESSLY AGREE THAT WE (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS) WILL NOT BE LIABLE FOR, AND YOU WAIVE ANY CLAIMS ARISING OUT OF, YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY PRODUCTS, SERVICES, RESOURCES, OR INFORMATION.
CREATIVEBUG AND ITS AFFILIATES, ARTISTS, PARTNERS, SERVICE PROVIDERS, SUPPLIERS AND/OR LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, LOSS CAUSED BY A VIRUS, WORM, TROJAN HORSE PROGRAM OR DISABLING CODE, DELAY IN OPERATION OR TRANSMISSION, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, SERVICES, OR PRODUCTS, BASED ON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, BREACH OF CONTRACT, INFRINGEMENT, INVASION OF PRIVACY, OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITATION, YOU (AND NOT CREATIVEBUG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. YOU ASSUME THE RISK IN USING THE SERVICES AS WELL AS TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR PRODUCTS MUST BE MADE IN WRITING PURSUANT TO THE ARBITRATION PROVISION BELOW WITHIN ONE CALENDAR YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR SHALL FOREVER BE BARRED.
If your Account is terminated, we may, in our sole discretion, delete any web sites, files, graphics or other content or materials (including any Submissions) relating to your use of the Site or Services on our servers or otherwise in our possession. Immediately upon termination, either by you or us, you are not permitted to access or use the Site or Services (including, without limitation, accessing the Site or viewing any Content, or purchasing any additional Products through the Service). We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Site, Products or Services, including, without limitation, technological barriers, IP mapping, and direct contact with your Internet Service Provider (“ISP”). If your subscription is terminated, you must immediately pay us any fees or other amounts that you owe or that are based on your activity prior to termination, and you will not be entitled to reimbursement of or credit for any subscription fees.
255 Kansas Street, Suite 302
San Francisco, CA 94013
Email Address: firstname.lastname@example.org
We respect the intellectual property rights of others, and we expect our users to do the same. In appropriate circumstances, and in our sole discretion, we may but are not required to terminate the rights of any user to use the Site (or any part thereof) who infringes the intellectual property rights of others. Subject to the foregoing, it is our policy to terminate in appropriate circumstances users who are repeat infringers. If you believe that a user of the Site or Service has infringed the intellectual property rights of another, please provide the following information to the Copyright Agent specified below.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Creativebug’s designated agent for notice of claims of copyright infringement on the Site at the address below. You can find more information about the DMCA on the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. You are advised to consult a legal advisor before filing a notice or counter-notice. Please be forewarned that there can be penalties for false claims.
255 Kansas Street, Suite 302
San Francisco, CA 94013
Email Address: email@example.com
Please note that this procedure is exclusively for notifying us that copyrights have been infringed. This policy is intended to comply fully with the requirements of the Online Copyright Infringement Liability Limitation Act. However, By this provision, we do not necessarily stipulate that we or any affiliate is a service provider as defined in 17 USC section 512c or elsewhere in the law, but merely seek to preserve any and all exemptions from liability that may be available to us under the copyright law or otherwise.