Terms Of Use

Terms of Use

Revision Date: 1-28-2018

Welcome to NOVELORBOOK.com, an online subscription-based tool for books and novel writing. NOVELORBOOK.com and any subdomains thereof (collectively, “NOVELORBOOK” or the “Site”) are operated by Cr8ivity, LLC, a Minnesota Limited Liability Company (also referred to as “we,” or “us”). By accessing, viewing, or otherwise interacting with the Site, whether as a guest or a registered user, you are agreeing to the following terms and conditions, so please review them carefully.

  1. Privacy

Your use of NOVELORBOOK is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

  1. Electronic Communications

By registering an account on the Site or communicating with NOVELORBOOK or Cr8ivity LLC, you consent to receive electronic communications and agree that all notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

  1. Site Access and Account Registration

To access the Site, you may be asked to provide certain account information and other details. This account information helps us to create and maintain a NOVELORBOOK account for you, which is necessary for providing you the content, customer service, and network management that comes with the Site. All account information you provide must be correct, current, and complete. You agree that all account information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

  1. Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer or other internet-enabled device(s). You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

  1. Age Restrictions

The Site and its services are intended for users who are 18 years of age or older. If you are under 18, you may use the Site only with permission of a parent or guardian. Use of the Site by those under 13 is prohibited and we do not knowingly collect, either online or offline, personal information from persons under the age of 13.

  1. Subscription Plans
    1. Subscription Plan Scope. The scope, features, and price of your access to the Site are determined by the subscription plan and account type you select (together, a “Plan”). Information about our Plans is available at https://NOVELORBOOK.com/Subscription/. Your use of and access to the Site is expressly conditioned upon timely payment of the applicable subscription fee associated with your Plan. 
    2. Subscription License and Fees
      1. License. When you choose or purchase a NOVELORBOOK subscription Plan, we grant you, and you alone, a non-exclusive, non-transferable license to use the Site for the subscription term length purchased (the “Subscription Period”), in strict accordance with these Terms of Use. If you purchase a monthly Plan, your Subscription Period is one month from the date of purchase. If you purchase an annual Plan, your Subscription Period is one year from the date of purchase.
      2. Free TrialPeriod.
        1. Your Plan may begin with a 15-day free trial period, beginning on the date that you register your account on the Site. We reserve the right, in our absolute discretion, to determine your eligibility for a free trial and to terminate your free trial in accordance with these Terms of Use. As a free trial user, you acknowledge and agree that your use and access of the Site is subject to these Terms of Use.
        2. As a free trial user, you are required to register a user account with us, including providing a method of payment, before beginning your free trial. We will not charge your Payment Method for subscription fees during your free trial. On the first day following the end of your free trial, we will begin your paid Plan and will process your Payment Method for the applicable subscription fee at the billing frequency chosen during checkout. From that point forward, your account will be subject to Automatic Renewal. By providing your Payment Method details in conjunction with your free trial registration, you agree to these charges and practices. If you do not wish to be charged, you must cancel your free trial before the end of your free trial. Upon such cancellation, your access to the Site will terminate immediately.
        3. During your free trial period you will not be eligible for any Competitions hosted on or through the Site.
  • Subscription Fee. Our grant of the license is expressly conditioned on timely payment of the then-applicable fee for the Plan in the amount and on the billing frequency (e.g., monthly, annually) selected and set forth during registration. We may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties, or charges of any kind, other than taxes on NOVELORBOOK’s income, imposed by any federal, state, or local governmental entity on any amounts payable by you under these Terms of Use. We will remit taxes collected, if any, to the appropriate taxing authority.
  1. Subscription fee changes: We reserve the right to increase or decrease any subscription fee at any time. If you have already paid your subscription fee, the increase or decrease will not become effective for your Plan until the end of your current subscription term or your next renewal.
  2. Automatic Renewal. By registering for, subscribing to, or purchasing a Plan and providing Payment Method information, you grant us and our third-party payment processor(s) the right to process payment for your subscription fee via the debit card, credit card, or PayPal account you provide or that you maintain on your account. You understand and agree that that at the end of each Subscription Period we will automatically renew your Plan for the same length of term and will process your Payment Method for the subscription fee at the then-applicable price for such Plan (said process hereafter referred to as “Automatic Renewal”). If you choose to be billed monthly, we will process your Automatic Renewal on or near the same day of each month. If you choose to be billed annually, we will process your Automatic Individual Renewal on or near the same day of each year. If payment is not received within such time period, or if we are unable to renew your Plan based on inaccurate or outdated Payment Method information, we may suspend or terminate your Plan, in our sole discretion. If you wish to avoid Automatic Renewal, you may cancel your account.
  3. Cancelation/Refund Policy: You may cancel your subscription at any time by clicking on the “cancel” button in your user profile. If you cancel your subscription within the Free Trial Period (see below for details on Free Trial period) you will not be charged for anything. If you cancel your subscription after the free trial period ends then your refund will be prorated based on the number of days you used the Site, and the plan you subscribed for.
  • Access to User Content after Cancelation: After cancelation, your User Content (as defined below) will be available to you to view and print or export. This access will remain for a period of 90 days after the date your subscription or trial period was canceled. You will not have any access to other features of the Site and will not be eligible to enter or win any contests, competitions, or giveaways through the Site after the date your subscription or trial period was canceled. 
  1. Payment Method.
    1. “Payment Method” means the credit card, debit card, PayPal, or other payment information you provide in order to purchase our products. We accept payment via credit card, debit card, or PayPal.
    2. When you select or purchase a Plan, begin a Free Trial, or otherwise register an account on the Site, you will be required to provide a Payment Method. You may edit your Payment Method information by visiting our website and clicking on the “Profile” link at the top of any page. If you update your Payment Method or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the applicable subscription fee to the updated Payment Method. Check with your Payment Method service provider for more details.
  • Depending on where you transact with us, the type of Payment Method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other NOVELORBOOK-provided geographic-specific pricing. We do not support all payment methods, currencies, or locations for payment. If your payment method fails, or if your account is past due, we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay. Notwithstanding anything to the contrary, your obligation to pay fees continues through the end of your applicable subscription term and regardless of whether you cancel your Plan during such term.
  1. Proprietary Materials
    1. Use of Proprietary Materials. The Site contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of Cr8ivity LLC, NOVELORBOOK, and licensors of NOVELORBOOK (collectively, “Proprietary Materials”), including without limitation video, text, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Site, and not by or from any other site or means. The applicable license granted you by these Terms of Use is a right of access through the Site only, and does not grant to you any right to download or store any Proprietary Materials in any medium, other than (i) your own material such as book or novel contents, (ii) files that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by an applicable end user license agreement for such application (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you pursuant to a limited revocable right only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.
    2. Reservation of Rights. We reserve all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable License granted you under these Terms of Use. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
    3. Copyright and Marks. “NOVELORBOOK,” “NOVELORBOOK | Creative”, and other NOVELORBOOK marks and logos are service marks and trademarks of Cr8ivity LLC. 
    4. Equitable Relief. You acknowledge that a breach of any proprietary rights described in these Terms of Use may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
    5. Third-Party Marks. Other trademarks, service marks, and logos used throughout the Site are the trademarks, service marks, or logos of their respective owners. These may include: Android®, Google Play® and the Google Play logo, which are trademarks of Google Inc.; and PayPal®, which is a registered trademark of PayPal, Inc.
  2. Mobile and Other Devices: If you use a mobile device or NOVELORBOOK-provided mobile application to access the Site, the following additional terms and conditions (“Mobile Terms”) also apply:
    1. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
    2. You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
    3. Your access to or use of the site via your mobile device or NOVELORBOOK-provided mobile application confirms your agreement to these Terms of Use, including but not limiting these Mobile Terms.
  3. Competitions
    1. General:
      1. To qualify to enter or win any competitions, promotions, contests, and similar events (“Competitions”) hosted by NOVELORBOOK, you must:
        1. Be an individual at least 18 years of age who is not an employee, officer, or agent of NOVELORBOOK, Cr8ivity LLC, or any person or organization involved in the administration or judging of the Competition. We reserve the right to request proof of age.
        2. Have an active NOVELORBOOK subscription and, for some Competitions, must “like” the NOVELORBOOK social network page (Facebook, Twitter, etc.) as part of the entry process.
        3. Comply with any additional rules or instructions indicated with a particular competition.
      2. The following rules apply to all Competitions:
        1. Information you provide in order to enter the Competition will be used in conjunction with our Privacy Policy.
        2. The maximum number of entries to any Competition per person is 1.
        3. Start and closing dates and times for Competitions will be specified in the description of or rules for each competition. Unless otherwise stated, the applicable time zone is Central Time (GMT-6). Any entries received before the start time or after the closing time for a particular Competition will be invalid and will not be entered into the Competition.
        4. We accept no responsibility for entries not received, regardless of the reason.
        5. If a Competition entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner and will not be entitled to a prize in any circumstances.
  1. We reserve the right to cancel or amend the Competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, hacking, or act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the Competition will be notified to entrants as soon as practicable by us.
  2. Competition prize winners will be notified of the Competition result by email at the email address provided by the entrant (if address is asked for/provided) or by direct message on social media (winners must therefore “like” or “follow” our social media accounts in order to be contacted about prizes). Winners whom we have successfully contacted will receive their prizes not more than 90 days following the date that we receive a message from you confirming notification.
  1. Reasonable efforts will be made to contact any prize winner for 14 days. If the winner fails to respond to our notification attempts within this time or to provide an address for delivery of the prize, or if the winner fails to meet any of the eligibility requirements or is otherwise unable to comply with the Competition terms and conditions, including these Terms of Use, we reserve the right to disqualify that entrant and offer the prize to another entrant.
  1. Prizes are not transferable. For non-cash prizes, no cash alternative to the prizes will be offered. Prizes are subject to availability and we reserve the right to substitute any prize of equivalent value without giving notice.
  1. Submission of an entry for any Competition constitutes acceptance of these Terms of Use, including any terms and limitations specific to that Competition.
  2. Competitions on social media are in no way sponsored, endorsed or administered by or associated with any social media network.
  3. The Competition and these terms and conditions will be governed by the law of the State of Minnesota and any disputes will be subject to arbitration provisions contained in Section 15 of this Agreement Competitions are void where prohibited.
  1. Monthly Competitions:
    1. As a subscriber, you are eligible to earn points as described at https://www.novelorbook.com/Home/BadgesAndPoints.
    2. Subscribers who meet the requirements of Sections 9a(i) and 9a(ii) above and invite at least two others to the Site using the “Invite Friends” tab in the user dashboard are eligible to enter into our monthly points contest.
  • Monthly points contests begin at 12:01am Central Time (GMT-6) on the first day of each month and end at 11:59pm Central Time on the last calendar day of each month (the “Monthly Competition Period”).
  1. The subscriber who meets the qualifications above and accrues the most points during a Monthly Contest Period will win the prize for that particular Monthly Competition Period.
  2. The prize for a Monthly Competition Period will be announced on our website or social media channels prior to the start time of such Monthly Competition Period.
  3. Winners will be determined by us based on the number of points earned through the Site during the Monthly Competition Period. Winners will be announced within 14 days of the closing of each Monthly Competition Period. 
  • In the event of a tie in which multiple eligible subscribers have accrued the same number of points, we look at the count of user daily login within the month in question, and if users are tied in logins count we look at total badges count, and if users are tied we look into the count of invite sent for the month In question, and if all tied we will award both winners each with their own prize.
  • Monthly Points Competitions may be discontinued at any time.
  1. Annual Competitions:
    1. Our Annual Competitions are judged writing contests available to subscribers who:
      1. Meet the requirements of Sections 9a(i) and 9a(ii) above;
      2. Have an active Annual Plus subscription, effective prior to December 1st of the year in which you seek to enter;
      3. Have earned at least 20,000 points through activities on the Site (points may be earned as described at: https://www.novelorbook.com/Home/BadgesAndPoints);
      4. Have created an original book or novel at least 40,000 words in length that is fully complete as of the time of entry.
    2. Start and End Dates: Annual Competitions begin at 12:01am Central Time (GMT-6) on January 1st of a given year and end at 11:59pm Central Time on December 31st of the same year (the “Annual Competition Period”).
  • Submissions:
    1. To be considered for an Annual Competition, eligible subscribers must submit their fully completed book or novel to us in PDF format by email sent to novelorbook@gmail.com.
    2. Submissions must be received after the start time and no later than the end time for a given Annual Competition Period.
    3. Submissions must be original works that have not been published in any form other than on or through the Site (including any self-publishing outlets) and have not been entered into previous NOVELORBOOK.COM Annual Competitions.
  1. Judging
    1. Competition entries shall be judged by one or more book reviewers selected by NOVELORBOOK.COM in our sole discretion. Judges shall consider the following attributes when determining a winner:
      1. Potential power of the story based on review of both the book intro/hook and minimum numbers of chapters (4 points)
      2. Overall salability based on review of both the book intro/hook and the minimum numbers of chapters (4 points)
      3. Readability and cohesiveness of Chapters (4 points)
  1. In order to be considered to win a prize, an entrant's Submission must receive a score of at least 5 points. To the extent that there are no Submissions that receive a score of 5 points, Competition Sponsor may, but is not obligated to, select a winner in accordance with the criteria set forth above.
  2. In the event of a tie, the entrant with the highest score for potential power of the story will be deemed a winner.
  3. The winner will receive a notification via available user info such as email and Phone number and the notification shall include instructions for proper acceptance of the prize by the winner.
  4. In the event (a) a potential winner does not accept a prize within seventy-two (72) hours of the e-mail notice, (b) a potential winner is ineligible or otherwise non-compliant with these Official Rules, or (c) the prize or prize notification is not deliverable, Competition Sponsor may, but is not obligated to, select an alternate winner in accordance with the criteria set forth above.
  5. The judge’s decisions and determinations are final and are not subject to challenge or appeal.
  6. Our decision in respect of all matters pertaining to any Competition hosted through the Site will be final.
  1. Copyright and moral rights. Competition entrants warrant to us that they created their Competition entries, that the own all copyright in those entries, and that our use of the entries in accordance with these rules will not infringe any person's intellectual property rights or other legal rights.
  2. No return of Competition entries: Competition entries will not be returned. If you wish to retain a copy of your entry, you must create and keep one.
  3. Publicity: We may undertake publicity activities relating to competitions and prize awards. The winner therefore agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning marketing and promotion efforts. All other personal details collected as part of the competition will be used in conjunction with our Privacy Policy.
  1. Links to Third Party Sites/Third Party Services
    1. The Site may contain links to other websites (“Linked Sites”). Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site or any association with its operators.
    2. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf Site users and customers.
  2. No Unlawful or Prohibited Use
    1. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
    2. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cr8ivity LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
    3. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Cr8ivity LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cr8ivity LLC or our licensors except as expressly authorized by these Terms of Use.
    4. Use of Communication Services
      1. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
      2. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
  • We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
  1. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
  2. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content in any Communication Service and we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Cr8ivity LLC spokespersons, and their views do not necessarily reflect those of Cr8ivity LLC.
  3. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
  1. Materials Provided to Site or Posted on Any Cr8ivity LLC Web Page
    1. We do NOT claim ownership of the materials you provide to the Site or post, upload, input, or submit (“User Content”) to the Site or our associated services. However, by providing such User Content, you grant Cr8ivity LLC and our affiliated companies and necessary sublicensees permission to use your User Content in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your User Content, and to publish your name in connection with your User Content.
    2. No compensation will be paid for use of your User Content. We are under no obligation to post or use any User Content you may provide and may remove any User Content at any time in our sole discretion.
    3. By providing your User Content you warrant and represent that you own or otherwise control all of the rights to your User Content as described in this section including, without limitation, all the rights necessary for you to provide the User Content.
    4. You acknowledge that you, not Cr8ivity LLC, are solely responsible for the User Content you provide. We hereby expressly disclaim, and you hereby expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other users with respect to such User Content and/or any comments made by user about others or other user’s User Content.
  1. You agree and warrant that your User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Site; (B) shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, rule or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination, or false advertising; (D) shall not be defamatory, libelous, threatening, harassing, or abusive; (E) shall not contain pornography or be harmful to minors; and (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network.
  1. Although we have no obligation to do so, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing User Content you post or store on the Service at your sole cost and expense. We may, but are not obligated to, review or delete any User Content that, in our sole discretion, violates these Terms of Use. 
  1. International Users: The Site is controlled, operated and administered by Cr8ivity LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
  2. Indemnification: You agree to indemnify, defend, and hold harmless Cr8ivity LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any User Content made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Cr8ivity LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cr8ivity LLC in asserting any available defenses.
  3. Arbitration: In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in the State of Minnesota, county of Ramsey. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Use or any disputes arising as a result of these Terms of Use, whether directly or indirectly, including tort claims that are a result of these Terms of Use. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. All disputes shall be governed by the laws of the State of Minnesota. This arbitration provision shall survive the termination of these Terms of Use.
  4. Class Action Waiver: Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each party’s individual capacity, and not as a plaintiff or class member in any putative class, collective, and/ or representative proceeding, such as in the form of a private Attorney General action against the other. Further, unless both you and Cr8ivity LLC agree otherwise, the arbitrator may not consolidate multiple parties’ claims, and may not otherwise preside over any form of a representative or class proceeding.
  5. Liability Disclaimers
    1. The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or our suppliers may make improvements and/or changes to the Site at any time.
    2. We and our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. We and our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
    3. To the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.
    4. We do not promise that the Site or any feature thereof will be error-free or uninterrupted, that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its content are delivered “as-is” and “as-available.” All information provided on the Site is subject to change without notice. We cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. We disclaim any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Site and/or any related services. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy for dissatisfaction with the Site or any content is to stop using the Site or any such content.
    5. The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
    6. We reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
  6. Access Restriction: Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.
  7. Relationship between Parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cr8ivity LLC as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cr8ivity LLC with respect to such use. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, such provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
  8. Entire Agreement: Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Cr8ivity LLC with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Cr8ivity LLC with respect to the Site. It is the express wish of the parties that this agreement and all related documents be written in English.
  9. Severability: If a court or arbitrator determines that a provision in these Terms of Use is invalid or not enforceable, that determination will affect only that provision. The provision will be modified only to the extent needed to make it valid and enforceable. The rest of the agreement will be unaffected.
  10. Changes to Terms: We reserve the right to change these Terms of Use. The most current version will supersede all previous versions. We encourage you to periodically review the Terms of Use to stay informed of our updates.
  11. Contact Us
    1. Mail: Cr8ivity LLC,4650 Pello Cir., Eagan, MN 55122
    2. Email: cr8ivityllc@gmail.com
    3. Telephone: 850-459-8012
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