Content. CreativeMornings may present you with information, content and features, including but not limited to, graphics, articles, commentary, statistics, data, product information, sponsored content, advertisements, video and audio files, job listings, calendars and information entered by other users; the Services may also include third party materials, software and features made available to you by virtue of a license, grant or some other form of agreement (collectively, the “Content”). CreativeMornings is not responsible for inaccurate or incomplete information provided through the Services, makes no representations as to the quality, accuracy or completeness of the Content and does not assume any liability for any loss that may result from the reliance by any person upon any Content or Services.
Content and Services. CreativeMornings does not endorse or have any control over User Generated Content submitted by you or any other user and accepts no responsibility whatsoever in connection with or arising from information created or posted by any individual, corporation, partnership, association, trust, unincorporated organization, limited liability company other entity or group (each a “Person”). Content submitted through the Services is not necessarily reviewed by CreativeMornings prior to posting, or at any time. If the Company chooses, in its sole discretion, to monitor any type of Content, the Company nonetheless assumes (a) no responsibility for its accuracy or completeness; (b) no obligation to modify or remove any inappropriate or inaccurate Content; and ©no direct control over the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the originality, suitability, accuracy or reliability of any Content, or any files, data, analyses, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other materials, including without limitation any Content you access through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that CreativeMornings shall not be liable should we prevent, in our sole discretion, your User Generated Content from being published, viewed or distributed, or if we edit, restrict or remove it. You also grant other users of the Services the right to access, view, store and reproduce materials you provide, including without limitation public portions of your Profile Information.
You may have the ability to send (by e-mail or otherwise) messages directly to CreativeMornings or another user through the Services. The Company shall have no liability for any delay, loss or damage that may result from your use of communications tools or from interception or unauthorized use by CreativeMornings or third parties of information you send to us or through our systems. You are solely responsible for your interactions with other users and third parties on and through the Services.
Accordingly, you agree to indemnify, defend and hold CreativeMornings harmless in connection with the alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution raised by any other person against the Company in connection with User Generated Content you provide, post or distribute. Furthermore, you agree to release CreativeMornings, its parents, contractors, licensees and affiliates together with all of their respective officers, directors, agents, subsidiaries, and employees, from any and all liability and obligations whatsoever in connection with your use of the Services and the use by CreativeMornings of User Generated Content provided by you. If at any time you are not happy with the Services or you object to any Content, your sole remedy is to cease using the Services.
Limitation of Use. You agree that you will neither post nor submit any Content that:
• Violates the CreativeMornings Code of Conduct, or is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including without limitation any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
• Violates the copyright, trademark or other intellectual property rights of any other person or CreativeMornings;
• Is false, inaccurate or misleading, or improperly assumes or claims the identity, characteristics or qualifications of another person;
• Seeks to collects, aggregate or solicits personal information from other users;
• Imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
• Promotes third party goods or services without our prior written approval;
• Is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
• Contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
• Is libelous or invasive of privacy or publicity rights or any other third party rights.
Furthermore, you acknowledge and agree that you will not: (a) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any Person you encounter through you use of the Services; (b) collect or store personal data about other users, including collecting the Personal Information of users by electronic or other means, for any purpose, © upload, e-mail or otherwise transmit any Content, Third Party Materials or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by CreativeMornings, the Services, their users or any Person; or (d) submit unwanted messages by e-mail or otherwise post User Generated Content that disparages or insults any Person or CreativeMornings.
Mobile Services. The Website contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers and devices.
Advertisements and Third Party Materials. From time to time, we may incorporate sponsored content, advertising and information, software features and services provided by other users or third parties (“Third Party Materials”). Our use of Third Party Materials does not imply the endorsement, approval, or verification of such Third Party Materials or the policies, products or services of any such third party. We do not always review Third Party Materials and we are not responsible or liable for their quality, availability or completeness, or their compliance with any law, rule or regulation. By providing access to Third Party Materials, CreativeMornings is not recommending the products, features or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials at any time.
Third Party Services. The Website may contain services provided by third parties as well as links to third party apps and sites (collectively, “Third Party Services”). CreativeMornings is not responsible for the availability of Third Party Services nor do we endorse any of their activities. You are responsible for deciding if you want to access or use Third Party Services. If you allow Third Party Services to authenticate you using CreativeMornings Profile Information, information about you contained on the Website may become available to the operator of such Third Party Services. Third Party Services have their own legal terms and privacy policies, and, by using them, you may be giving others permission to use your information. Except as required by applicable law, CreativeMornings is not responsible for Third Party Services.
One such third party is YouTube, whose Terms of Service is located at: https://www.youtube.com/t/terms
Disputes. CreativeMornings reserves the right, but has no obligation, to monitor disputes amongst users or between any user and any Third Party Services. In the event a dispute arises, you may e-mail CreativeMornings at info@CreativeMornings.com. We will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct. However, we encourage you to immediately report threatening or illegal conduct to local law enforcement.
The Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice to report@CreativeGuild.com requesting that we remove the material or block access to it.
Your DMCA notice must include 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; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); © Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services; (d) The name, address, telephone number, and email address of the complaining party; (e) 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 or the law; and (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c/o Morrison-Tenenbaum, PLLC
87 Walker Street Second Floor
New York, NY 10013
We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Please be aware that penalties may apply for false claims under DMCA under 17 U.S.C. § 512(f). If you are unaware whether the material you are reporting is considered infringement, please contact an attorney
Registration and Security. In connection with your use of the Services, you may establish or otherwise receive CreativeMornings user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize CreativeMornings, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. CreativeMornings reserves the right to suspend or terminate your access to the Website and the Services if you misrepresent personal information or are otherwise untruthful about your identity, employment history, or, if applicable, your portfolio. Notwithstanding the foregoing, you acknowledge that CreativeMornings does not guarantee the accuracy of any information submitted by any user, nor do we verify any Registration Information.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Creative Mornings has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that CreativeMornings shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold CreativeMornings harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify CreativeMornings if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. CreativeMornings reserves the right to block your User Codes for any reason.
For your protection, CreativeMornings may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Rules for Event Registrations. Through the Services, you may be permitted to register to attend live or online events. In order to participate in these events, you may be required to register, provide information or enter into a transaction with CreativeMornings. We reserve the right to refuse any order you place with us or cancel your order for any reason. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or postal address/phone number provided at the time your order was made.
You may also be permitted, through the Services, to enter into transactions directly with another Person. CreativeMornings will NOT be a party to any contracts for payments or services between you and any other Person. CreativeMornings merely facilitates these relationships by supplying a platform for the exchange of information and, in some cases, payments. Any transactions between you and any Person are NOT guaranteed by CreativeMornings.
General Release. CreativeMornings is not involved in contacts between users or in the completion of transactions between you and any Person. In the event that you have a dispute with one or more users or a Person introduced to you through the Services, you agree to release CreativeMornings, and our officers, directors, agents, subsidiaries and employees from any and all claims, demands, and damages, actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. CreativeMornings expressly disclaims any liability that may arise between users of the Services or users and any third party.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Availability. Not all of the Services are available in all geographic areas, and CreativeMornings reserves the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any Person in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject the Company, its licensees or affiliates, to any registration requirement within such jurisdiction or country.
NO WARRANTY. THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY PERSON OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES. TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.
IN USING THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE COMPANY, ITS PARENTS, CONTRACTORS, LICENSEES AND AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES AND EMPLOYEES LIABLE FOR ANY DAMAGES, INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SERVICES (OR ANY OTHER DATA, APPLICATION OR LINKED WEBSITE), OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE OR THE CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE EVEN IF IT, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CREATIVEMONRINGS AND ITS AFFILIATES (AND THOSE THAT CREATIVEMORNINGS WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE (5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THE SERVICES, IF ANY, AND (B) THREE HUNDRED DOLLARS ($300.00).
The Services are maintained by CreativeMornings, LLC, based in Brooklyn, New York, all rights reserved.