Terms and Conditions of Crea8ivety

Agreement to Terms and Conditions

By clicking “I Accept”, or by accessing our website or by accessing our platform, You AGREE and share your consent that you have read and understand, and as a condition to your use of the Services. You agree to be bound by the following Terms and Conditions including Crea8ivety’s Privacy Policy (together, these “TERMS” TOGETHER, THESE “TERMS”). If you wish not to agree to the Terms of Use or if you are not eligible, then you are free to opt out and you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND CREA8IVETY’S TERMS OF THE SERVICE TO YOU, FORMS AN BINDING AGREEMENT BY CREA8IVETY AND BY YOU TO BE BOUND BY THESE TERMS. These Terms gives your access to the information displayed on the Crea8ivety website (the “Website”), use of the Crea8ivety platform, website or API’s, software code, and other related websites, networks, applications, and other materials provided or made available by Crea8ivety (the “Platform”) that enable you to implement the Crea8ivety live video platform services offered by Crea8ivety (collectively, the “Service”) on one or more website(s), web application(s), or mobile application(s) owned and controlled by you (“Your Product”). “Crea8ivety”, “we”, “us”, “our”, and similar means ADZ Junction Media Private Limited and its affiliates. “You” or “your” means you, the person or organisation who has accessed the Website or has used the Platform and Service and is the licensee under these Terms. If you are registering up for the Platform and the Service on behalf of a company (an “Enterprise Customer”), you share your consent that you are duly authorized and designated employee of the company you represent and accept the Terms on behalf of such company. In order to use or Platform, Website and Services, you are required to accept and to agree to be bound by these Terms. If you are an Enterprise Customer, you agree to incorporate these Terms into Your Products and ensure that your customers adhere to these Terms.

Definitions and Interpretation

These definitions shall apply in this Terms and Conditions.

“Customer Data” means all data, information and material input or uploaded to the Crea8ivety platform.

“Customer Materials” means any material owned by the Customer that is provided or made available by or on behalf of the Customer to Crea8ivety platform for the purposes of incorporation into the Crea8ivety platform for the Customer or other permitted use by Crea8ivety but excluding Customer Data.

“Effective Date” means the date when you accessed and created your account or registered as an seller and start to use the Crea8ivety platform.

“Fees or Subscription Charges” means the fees or the subscription charges for use of Crea8ivety platform and service as shown on the Crea8ivety website or app.

“Intellectual Property Rights” means patents, patentable rights, copyright, design rights, utility models, trade marks (whether or not any of the above are registered), trade names, rights in domain names, rights in inventions, rights in data, database rights, rights in know-how and confidential information, and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country and all pending applications for and right to apply for or register the same (present, future and contingent, and including all renewals, extensions, revivals and all accrued rights of action).

“Crea8ivety Platform or Website” means any website or platform owned by Crea8ivety.

“Crea8ivety Content” means all data, information and material owned by or licensed to Crea8ivety and comprised within the Crea8ivety Platform but excluding Customer Data and Customer Materials.

“Software” means any software owned by or licensed to Crea8ivety and which forms part of, or is used in the provision of, any Product or the Service.

Eligibility Criteria

All Crea8ivety Platform service are only accessed for the users which are fulfilling our minimum age eligibility criteria of 18 years or more than that. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform or Service; and (c) your registration and your use of the Platform or Service is in compliance with any and all applicable laws and regulations. This age criteria can be different based on your country of origin or where you born, you need adhere to your country of living and by accessing our services you share your consent that you fulfil the minimum age criteria.

Accounts Creation and Registration

Our platform and services may ask you to create an account with us and register yourself to access our platform features and service. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information and when you register an account of behalf of your organisation then you must share your Business profile information to approve your account.

You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. These information will be followed by you’re a secured profile password and you are solely responsible for maintaining the confidentiality of your account and password, including any application programming interface (“API”) key provided to you by Crea8ivety, and you accept responsibility for all activities that occur under your account and API key. If you believe that your account password has been compromised or someone else have access of your profile password then you are advised not to continue with the use of service and required to log out of the service till the issue has been resolved completely. At the same time you must immediately notify us at care@Crea8ivety.com highlighting your query and concern, so we can look upon the issue and sort it out.

Customer Warranties

The Customer warrants that it shall:-

Provide Crea8ivety with all necessary co-operation and access to all necessary information as may reasonably be required by Crea8ivety to provide the Crea8ivety platform
Not access, store, distribute or transmit any viruses.
Ensure always that its use of the Service is in accordance with applicable laws and regulations (including, without limitation, Data Protection Laws).
Obtain any necessary consents for its use of the Service.
Not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Service in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service
You agree and acknowledge that you are at least eighteen years old or the age which is specified by your country of origin, and you have the legal capacity to enter into contracts.
Your User Content and use of the Site, Tools, Analytics Data and Service will comply with all applicable laws and regulations, including without limitation, the Video Privacy Protection Act, the Children’s Online Privacy Protection Act, the EU General Data Protection Regulation, The Indian Information Technology Act, 2000 and other applicable privacy and data protection laws.
You have all necessary rights, licenses and consents from your or your organization end to provide, receive, access and/or use the User Content and Analytics Data and any other content you provide, receive, access and/or use through or in connection with the Service.
You will share and disclose your User Content and Analytics Data collection and use practices in a privacy policy that is accessible on any website and in any application, product or service that you use with the APIs to collect or receive User Content or Analytics Data.
You will provide all required notices, and obtain all required consents, that relate to your use of the Tools and Service, and that allow Company to receive and use User Content and Analytics Data as permitted under these Terms, including from individuals who use websites, applications, or other products or services that you incorporate the APIs or portions of the Tools into or that you receive User Content or Analytics Data from or that User Content or Analytics Data you receive or provide relates to.
You have the written consent of each and every identifiable natural person in the User Content that any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties, and you are responsible for clearing all rights and paying all licensing fees and other costs and expenses arising in connection with your User Content.
Your User Content and Company's use or distribution thereof as contemplated by these Terms and the Service will not violate any law or infringe or misappropriate any rights of any third party, including but not limited to any intellectual property rights and privacy rights.
Company may exercise the rights to your User Content and Analytics Data granted under these Terms without liability for payment of any third party fees, residuals, payments, or royalties.
To the best of your knowledge, your User Content and other information that you provide to us is truthful and accurate.

Authorization

Subject to your compliance with these Terms and Crea8ivety’s Acceptable Use policy located in our Privacy Policy agreement, Crea8ivety grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) access and uses the Platform and Service and; (b) use the Platform in order to display, interface and implement the Service on Your Product, solely in accordance with the terms and conditions of these Terms. You may not install or use the Platform for any other purpose without Crea8ivety’s prior written consent.

You will not sell, transfer, assign, rent, lease, or sublicense Crea8ivety’s code, the Platform, or the Service to anyone. Except as expressly authorized by Crea8ivety, and except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) republish, distribute, publicly display, or publicly perform the Platform or Service; (b) make amendments to the Platform, Website or Service; or (c) interfere with or circumvent any feature of the Website, Platform or Service, including any security or access control mechanism.
If you are prohibited under applicable law from using the Website, Platform or Service, you may not use it. In addition, you may not nor allow any third party to copy, reverse engineer, decompile or disassemble Crea8ivety’s code, the Platform, or the Service, or build alternative methods to access the Service other than as provided through the Platform (except to the limited extent such restrictions are expressly prohibited by applicable statutory law). Nor may you obscure or cover any graphical element of the Service or otherwise interfere with the operation of the Website, Platform, or Service.
You agree to follow those policies, requirements, or guidelines. By using any of these features, you agree that Crea8ivety may transfer your information to the applicable third party service solely to the extent necessary to perform the Service. Crea8ivety does not control and, to the fullest extent permitted by law, is not responsible for any third party services and content.
You hereby grant Crea8ivety a limited, non-exclusive, non-transferable, nonsublicensable license to display your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that your use of the Platform and the Service.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Website, Platform or Service (“Feedback”), then you hereby grant Crea8ivety an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Website, Platform or Service and create other products and services.

License to Use the Services

Crea8ivety will ask for a subscription fee when you opt out for any services of our platform and Crea8ivety grants you a nonexclusive, non-transferable, non-sublicensable, adjustable, royalty-free right and license to access and use the Services solely for use in the territory specified in the user entry form (“Territory”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Crea8ivety, in the manner permitted by these Terms. The Services are licensed, not sold, and Crea8ivety reserves all rights to the Services not expressly granted by Crea8ivety.

Crea8ivety Commitment

Crea8ivety assures that: (a) it shall use due care and follow highest professional standards in the provision of the Crea8ivety platform; ( (b) it shall provide the Crea8ivety platform in accordance with all applicable laws and regulations (including, without limitation, Data Protections Laws); (c) the use of the Crea8ivety platform shall not infringe or violate any, copyrights, trade secrets, licences or other proprietary rights of any third party.
Crea8ivety shall use commercially reasonable endeavours to make the Crea8ivety platform available except for: (a) planned maintenance and (b) unscheduled maintenance performed outside normal business hours. Crea8ivety does not warrant that: (a) the use of the Crea8ivety platform by the Customer will be uninterrupted or error free or (c) that the information obtained by the Customer through the Crea8ivety platform will meet the Customer’s requirements.

Crea8ivety’s Ownership, Proprietary Rights

All rights, title, and interest in and to the Services (excluding Content provided by you or others) are and will remain the exclusive property of Crea8ivety. Crea8ivety or its associates and licensors own and shall retain all proprietary rights, including without limitation, all patent, copyright, trade secret, trademark and other intellectual property rights, in and to the Services. You share your acknowledgement that your use of the Services and the license granted hereunder does not provide you with title to or ownership of the Services, but only a right of limited use in accordance with these Terms of Use. There is no type of right in the Terms given to you makes you an owner or the services and platform use and to use our brand name i.e. Crea8ivety or any of the Crea8ivety trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Crea8ivety, or the Services is entirely voluntary and Crea8ivety will be free to use such feedback, comments, or suggestions as Crea8ivety see fit and without any obligation to you.

Code of Conduct

You agree that, when using the Services, you will follow these rules according to the agreed Terms And Conditions.
Don’t do any activity which is unlawful or illegal in any type
Don’t involve in any activity that exploits, harms, or threatens to harm children.
Don’t spam our services (i.e. no unwanted, unsolicited, or bulk messaging);
Don’t display inappropriate or obscene Content which is not limited to illicit nudity, pornography, graphic violence, or criminal activity and any other restricted content.
Don’t engage in any false or misleading activity which is but not limited to false pretences, impersonating, manipulating the Services to affect play count, rankings, trends, or comments
Don’t create any hurdle in the access to or availability of the Services.
Don’t engage in activity that is harmful to you, other, or the Services which is related but not limited to transmitting trozen/viruses, stalking, communicating hate speech, or advocating violence against others.
Don’t violate the rights of others which is but not limited to sharing of copyrighted material or likelihood of confusion with a trademark.
Don’t engage in activity that violates the privacy of others.
Don’t help others break these rules.

Restrictions on Content

You share your consent and acknowledgment that the content shared by you in response to the services that the content do not:-

Infringe, violate, or misappropriate any copyrights, mask work rights, trademarks, trade secrets, or other proprietary or intellectual property rights of any third party.
Defame, libel, or invade the privacy of any third-party.
Violate the Code of Conduct.
Do not violate any applicable Facebook Policies.
Copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer, decode or decompile, modify, alter, scrape, or create derivative works of any part of the website, platform, tools or Service.
Use the platform and services in a manner that impacts the stability of Company's servers, the operation or performance of the Services, or the behaviour of other applications using the Service.
Identify the Company platform or Service on any site or service that disparages Company or its products or services, or infringes any Company intellectual property or other rights.
Use the platform or service in any manner or for any purpose that violates any applicable law, regulation, legal requirement or obligation, contractual obligation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality.
Use the platform and Service in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods.
Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the website and platform.
Transmit viruses, worms, or other software agents through the Site or Service.
Share passwords or authentication credentials for the Site or Service, impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, or hide or attempt to hide your identity
Bypass the measures we may use to prevent or restrict access to the Site or Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Service or the content therein.

Crea8ivety or its associates reserves the complete right to remove or refuse to publish any Content on the Services or to suspend or terminate your account without prior notice to you. Crea8ivety also reserves the right to access, read, preserve, and disclose any information as Crea8ivety reasonably believes is necessary to:-

Display or satisfy in front of any applicable law, regulation, legal process or governmental request.
Enforce the Terms, including investigation of potential violations hereof
Detect, prevent, or otherwise address fraud, security or technical issues.
Respond to user support requests.
Protect the rights, property or safety of Crea8ivety, its clients and the public.

Crea8ivety respects the intellectual property rights of others and committed to keep the personal data safe and secure. If anyone believes that the Content infringes their copyright or other intellectual property right, they may submit a relevant notice in writing to the address by e-mail to the address to care@Crea8ivety.com . We need a detailed information regarding your complaints and concerns of the alleged infringement sufficient to enable Crea8ivety to make a reasonable determination. Crea8ivety will make sure and put all efforts to investigate notices of alleged infringement and will take appropriate action where Crea8ivety has reasonable grounds to believe that an infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Services. You expressly agree that in such a case Crea8ivety cannot be held liable to you for inability to use the Services, if your Content was subject to such procedure and Crea8ivety reasonably determine that third party claims are reasonably substantiated. In such a case you will be informed about the basis of third party claims so that you may discuss them directly with such third party.

Fees, Invoicing And Billings

Billings The billing relationship in accordance to this Terms and Conditions shall be handled by ADZ junction Media Private Limited. Payment of the Fees shall made by the Customer to ADZ junction Media on a monthly recurring basis and in accordance with Crea8ivety’s payment terms.
Payment Currency Regardless of where the Customer is located except India location where the mode of payment will be in Indian Rupees (INR), the fees for the Services shall always be charged in US Dollars (USD).
Taxes: All the subscription amount or any other billings provided in this Terms and Conditions are exclusive of Goods and Services Tax (GST) or value added tax (VAT) or other applicable sales tax which, where chargeable by Crea8ivety shall be payable by the Customer at the rate and in the manner prescribed by law.
Disputes If you have any concern regarding payments, payment method and subscription amounts, please contact us at care@Crea8ivety.com within 7 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. All the disputes if any with respect to the refunds issues to resolve any dispute shall be issued in the same payment method but in no event shall there be any cash refunds

NOTE – Any disputes more than 30-days shall not be entitled to any refunds or credits in any condition.

Limitation of Liability

By agreeing to our Terms of Use, you agree that neither Crea8ivety nor its employees or authorized representatives shall be liable to you for any damage, including loss of profits, resulting from:-

Your inability to access to or use of the Services.
Any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties
Any content obtained from the Services
Unauthorized access, use, or alteration of your transmissions or content, unless the damage was caused intentionally or as personal injury.
In no event shall the aggregate liability of Crea8ivety, its employees or authorized representatives exceed the sum of the amount you paid Crea8ivety, if any, for the Services giving rise to the claim.

Termination

Company reserve the complete right to block, suspend or terminate your account and license to access or use any or all of the Website, Platform and Service or terminate these Terms in their entirety (and, accordingly, your right to use the Service) at any time, for any or no reason, by providing you 7 days’ advance notice. If Crea8ivety find out that providing advance notice would negatively impact company ability to provide the Service, Crea8ivety may suspend your right and license to access or use any or all if the Platform and Service or terminate these Terms in their entirety (and, accordingly, cease providing all Services to you), without any prior notice.
In addition, we may suspend your right and license to access and use the Platform and the Service or terminate immediately upon notice if:- (a) Crea8ivety determines that your product is harmful to or inconsistent with Crea8ivety’s reputation and goodwill or (b) if your product or your company violate, or we have reason to believe that you have violated, any provision of the Acceptable Use Policy; (c) there is any doubt over the unlikely traffic which can be suspicious or fraudulent in any manner impacting the operating capability of the Service; (d) your product is unlawful or suspicious in any manner (v) if your business found incapable of providing the subscription charges or any frequent defaults in the payments.
Upon our termination of your use of any Service, in whole or in part, for any reason: (a) subscription fees will continue to accrue for any Service that is still in use by you, notwithstanding the suspension; (b) you are remain liable for all fees, charges and any other obligations you have incurred through the date of suspension with respect to the Service; and (c) all of your rights with respect to the Service shall be terminated during the period of the suspension; (d) all rights and licenses granted by Crea8ivety to you herein shall terminate, (e) you shall immediately remove the Service from Your Product and remove all copies of the Platform from all computers, hard drives, networks, and other storage media, (f) all of your content on the Service (if any) may be permanently deleted by Crea8ivety.
Notwithstanding anything to the contrary in these Terms, the following provisions shall survive and remain in full force and effect following any termination of the parties’ obligations under these Terms.

Right of Withdrawal to Services

You being a consumer, you have the complete right to withdraw from the Services Agreement without giving any reason. You can withdraw from using our wbesite and product services according to your choice. All your account services including but not limited to deletion of your account or any other services in pipleline will be stopped immediately. If you want to reactivate any of the account services then you have to share the detailed reativation request and declaration to the following email address: care@Crea8ivety.com with an acknowledgment receipt. As per applicable legal regulations a consumer may not withdraw from the Services Agreement if the Services have been fully performed or the performance has begun with their prior express consent, and with the acknowledgement that a consumer will lose their right of withdrawal once the Services have been fully performed by Crea8ivety or the performance has begun. Refunds for Services will not be provided unless you have cleared the pending dues, in which case you may be eligible for a refund for unused, prepaid amounts. If you purchased an irrevocable, non-refundable package, no refunds will be provided

Indemnities

You agree to indemnify and hold harmless Crea8ivety, its affiliates, officers, directors, agents, service providers, partners, and employees from any claim, demand, costs, expanses (including attorneys’ fees), fines, penalties and any other allegation made by any third party which is any way related to:

Customer/Client use of the Website, Platform or the Services
Use of the Service by the different users of your product, platform and services.
Any content, services or advertisements on your Product or that you incorporate with the Service.
Any user claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of the Service and your content on the Service.
Breach of the Customer’s obligations under Data Protections Laws under these Terms of Use.

The foregoing indemnity provision shall be in addition to and not in lieu of any other indemnification obligations set forth in these Terms. This indemnity is subject to the indemnified Party promptly notifying the indemnifying Party of such a claim, allowing the indemnifying Party sole conduct of the defence, negotiation or settlement and providing all reasonable co-operation in relation to any claim.

Confidentiality

"Confidentiality" shall mean all the information disclosed to you that Company characterizes as confidential at the time of its disclosure, or that reasonably ought to be understood by you as confidential similar to use of Tools, User Content, Analytics Data and Service and all other information, except for information which you can demonstrate:-

Earlier rightfully known to you without restriction on disclosure.
Shared to you by a third party as a matter of right and without restriction on disclosure.
Separately originated by you without access to the Confidential Information.
Is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain

It is believed that you will safeguard and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 24 months after termination of these Terms, provided. You will not disclose Confidential Information except to employees and agents who need to know it and have agreed in writing to keep it confidential which is proprietary to or confidential to that Party or its affiliated companies or their clients or to third parties to whom that Party owes a duty of confidentiality. Only the designated parties may use the Confidential Information, and only to exercise your rights and fulfil your obligations under these Terms. Any and all non-public information of any form obtained by a Party or its employees while providing or in receipt of the Crea8ivety platform and services shall be deemed to be Confidential and Proprietary Information. Each Party agrees to hold such information in strict confidence and not to copy, record, reproduce (using any medium), sell, assign, license, market, transfer or otherwise dispose of, give or disclose such information to third parties or to use such information for any purposes whatsoever other than the provision of the Crea8ivety platform and services to the Customer and to advise each of its employees who may be exposed to such Proprietary and Confidential Information of their obligations to keep such information confidential. It is your responsibility that you shall notify company in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of these Terms, and you will cooperate with Company in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. You acknowledge that Company will be irreparably harmed if Confidential Information is distributed in breach of this Section, and that Company would not have an adequate remedy at law in the event of such an actual or threatened breach by you. Therefore, you agree that Company shall be entitled to seek injunctive relief against any actual or threatened breaches of this Section by you without the necessity of Company showing actual damages or showing that monetary damages would not afford an adequate remedy.

Third-Party Services

You agree and acknowledge your acceptance with our Terms of Use that the platform and the Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Company. Company does not promote or take any responsibility for any such third-party sites, information, materials, products, or services. It is your responsibility and duty to duly check these third-party services when you access a third party website from the platform, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites. You expressly ease Company from any and all liability arising from your use of any third-party website, service, or content. Furthermore, any of your dealings with or association with promotions of third-party advertisers found on the platform or services, including but not limited to delivery of goods, payment, contests and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Changes in Terms of Use

It is company sole right to edit, modify and change the given Terms of Use at any time with or without prior notice. We urge all our customers to keep a close check at the given Terms and Conditions while using the Product & Services. We will try to notify our users with best of our efforts but we cannot guarantee to comply with updates, so keep visiting our Terms while accessing our portal. You bound and agree by continuous use of the Product, Platform and Services and share your consent and agreement to such changes. It is your choice that if YOU ARE NOT AGREE WITH THE NEW TERMS AND CONDTIONS, YOU ARE FREE NOT TO USE OUR SERVICES AND YOU CAN IMMEDIATELY STOP USE OF THE SITE, TOOLS AND SERVICE.

Breach of these Terms of Use

In a case when Crea8ivety found a breach of Terms of Use and believe that the event is curable then Crea8ivety shall issue notice to such User requesting such User to cure such defect within 30 (thirty) business days of receipt of such notice.
In the event, the User fails to cure such issues within 30 (thirty) business days of receipt of such notice, or, if the User commits breach of any of the material provisions of the Terms of Use, then Crea8ivety shall, without prejudice to any other rights that it may have, be entitled to Suspend/Delete the Registration; Terminate the account; Restrict User access on the Website or part thereof; Recover any financial loss, to any other User, if any; and / or other action that Crea8ivety deems fit.
Crea8ivety at its sole discretion may restrict, suspend or block your Subscription and Services without giving any explanation, if found violation our Terms of Use or if you misuse our Services. This includes but not limited to creating false/fake profile; unlawful user of product & services; violation of Privacy Policies; abusing our messaging services; use of your registration for scamming purposes; performing unlawful activities through our website; providing half or insufficient information about the business; infringing any intellectual property rights, or any other behaviour that affects us. Crea8ivety reserves the right to ask the User to correct their personal or/and business information on the Website.
Found a User guilty of violation of Terms of Use will be completely blocked from our end and will not be allowed to become a member again at a later date. Account termination may be permanent, at the sole and absolute discretion of Crea8ivety.

Waiver

No failure or delay by Crea8ivety in exercising any of its rights under the Terms of Use shall be deemed to be a waiver of that right, and no waiver by Crea8ivety of any breach of the Terms of Use by the User shall be considered as a waiver of any subsequent breach of the same or any other provision.

Disputes & Resolutions

We hate disputes and concerns and that is why we try to keep our services and processes smooth and easy and we make every effort to solve it amicably without any hassles and legal involvements. In the interest of resolving disputes between you and Crea8ivety in the most expedient and cost-effective manner and you and Crea8ivety agree that every dispute arising in connection with these Terms will be resolved by binding arbitration.

Both parties mutually decide a Sole Arbitrator to listen & analyze as well as to resolve the dispute. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. If the parties fail to come on a mutual consent of assigning a Sole Arbitrator than the same shall be appointed by the High Court of Gurugram as per Section 11 of the Arbitration and Conciliation Act, 1996 on an application made by any of the parties for the purpose thereof. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CREA8IVETY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions within 30 days after the date that you agree to these Terms by sending a letter to Crea8ivety (ADZ Junction Media Private Limited), Attention: address need to add here by sharing a detailed notice and your concerns with your full legal name (company name in case your representing any company), the personal and official email address associated with your account on the Service, Once Crea8ivety receives your OptOut Notice, we will revert back you with the response on your registered email address as well as the registered address at Crea8ivety portal.

Notices

Any individual or any organisation who intends to seek arbitration must first send a written notice of the dispute to company by certified delivery channel with signature (stamp required if a company is sending a notice) to Crea8ivety address: #225, 2nd Floor, Vipul Trade Centre, Sector-48, Sohna Road, Gurugram- 122018. Notices to you may be provided using any contact information you provide to us, including any e-mail address or mailing address. You need yo ensure that the notice:-

Clearly states the nature and basis of the claim or dispute.
Set forth the specific claim/resolution sought.

Crea8ivety will make sure to respond to the notice at the earliest of the possibility but if any unforeseen reasons, it can be further delayed to sixty to ninety days. We believe that both the parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty days after the Notice of Arbitration is received, customer/client or Crea8ivety may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Crea8ivety must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Governing law and arbitration

The Terms of Use shall be governed by the laws of India shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana, India.

Miscellaneous

These Terms constitute the entire agreement between you and Company in reference to the subject matter in this regard, and override any and all written or oral agreements with respect to such subject matter. If any provision of these Terms is held to be ineffective for any reason, such provision shall be refined only to the extent necessary to make it effective. The failure of Company to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Company's rights with respect to such breach or any subsequent breaches. These Terms are personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without Company's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Company expressly reserves the right to assign these Terms and to delegate any of its obligations hereunder

Notices: We may send a written notice to each other including those regarding changes to these Terms, to the email address you provided when you requested your personal or business profile at our platform. Any notices to Crea8ivety must be sent to address will come here.. and via email address at care@Crea8ivety.com and are deemed given upon receipt.

Jurisdiction: You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Gurugram, Haryana, India to resolve any disputes arising under these Terms.

Extra Terms: Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Electronic Communications: You hereby consent that all the electronic communications from us will be deemed valid as a channel of communication for anything related to updates in Terms of Use or notices or any agreements and disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Support: These Terms do not entitle you to any additional support apart from our standard email support for all the clients until unless it is agreed separately by client and Crea8ivety with respect any specific support services.

Feedback & Inputs: We encourage and accept any valuable inputs, comments, feedback and suggestion regarding our product and services to make them better and better. All the feedbacks and suggestion can be share at care@Crea8ivety.com