Terms and Conditions
Last updated: 08 August, 2024
These Terms and Conditions (“Terms,” “Terms and Conditions”) govern your relationship with the creativebird.io website (“Service”) operated by Creative Bird LLC (“us,” “we,” or “our”).
Please read these Terms and Conditions carefully before using our Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
1. Use of Service
You must be at least 18 years old to use our Service. By using the Service, you warrant that you meet this age requirement.
2. Accounts
When you create an account with us, you must provide accurate, complete, and up-to-date information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Creative Bird LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Creative Bird LLC.
4. User-Generated Content
You are responsible for any content that you post, upload, or otherwise make available through the Service (“User-Generated Content”). You retain all rights in, and are solely responsible for, the User-Generated Content you post.
By posting User-Generated Content through the Service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with the Service.
5. Prohibited Conduct
You agree not to use the Service to:
- Violate any applicable local, state, national, or international law or regulation.
- Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
- Transmit any worms or viruses or any code of a destructive nature.
- Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Collect or track the personal information of others without their consent.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
6. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Creative Bird LLC, its affiliates, directors, employees, partners, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service.
8. Indemnification
You agree to defend, indemnify and hold harmless Creative Bird LLC and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or resulting from your use of and access to the Service, or from your breach of these Terms and Conditions.
9. Disclaimer of Warranties
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Creative Bird LLC, its subsidiaries, affiliates, and its licensors do not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location.
- Any errors or defects will be corrected.
- The Service is free of viruses or other harmful components.
- The results of using the Service will meet your requirements.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had regarding the Service.
11. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
12. Contact Information
If you have any questions about these Terms, please contact us at:
Creative Bird LLC
30N Gould Street, Ste R
Sheridan, WY 82801, USA
Email: [email protected]
