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TERMS AND CONDITION

Introduction

Please read these terms and conditions ("terms", "terms and conditions") carefully before using the https://createwith.net website (the "service" or "website") operated by ["Create With"] ("us", "we", or "our"). 

These terms and conditions as amended from time to time govern your use of the service. These terms apply to all visitors, users and others who access or use the services. They form a binding agreement between you and us.

By accessing and using the services, you confirm that you have read and understood these terms and that you agree to be bound by them. If you do not wish to be bound by the terms, you may not access or use our services or display, download and/or otherwise copy or distribute the content of the website.

Amendments to terms

We reserve the right to amend these terms from time to time at our sole discretion and without notice to you. Changes to these terms will become effective upon such changes being posted to the website.

It is your obligation to periodically check these terms at the website for changes or updates. Your continued use of the website following the posting of changes or updates will constitute acceptance on your part to abide by and be bound by these terms, including such changes or updates.

Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. 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 may not access the service.

What are the basics?

To become a member, you will be required to sign up for an account, and select a password and username. This information is required. You undertake to provide accurate and up-to-date information as part of the agreement between you and us. You may not use a username that is not available. You may not use a username with the intent of impersonating someone else.

Children under the age of 13 must have a parent or guardian's permission to use the service provided by [Create With] and its third parties.

You may use the services provided by [Create With] for your own internal, personal use outside of [Create With] services in a manner that complies with all laws that apply to you. We will not be responsible for your using the services in a way that breaks the law.

Cost of use

At the moment, [Create With] is a free service. We are always trying to improve our services with new features. This may change if a service is enhanced or added. Services provided by [Create With] require no type of payment. You will be notified if any of these terms are changed.

Restrictions of service

You represent, warrant, and agree that you will not contribute to or otherwise use the services:

  • In a harmful, fraudulent, deceptive, threatening, harassing, defaming, or otherwise objective manner.
  • In a manner that violates the jeopardy of the computer network or infrastructure designed to keep [Create With] service functioning.
  • In an attempt to obtain the password, account, or other security information from any other user.
  • In a way that violates any law or regulation, including any applicable export control laws.

Where you are permitted to upload, post or insert material onto the website, you agree to only upload, post or insert material that is proper.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current 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 may only create one account per a user. If caught creating multiple account, all accounts from that user will be banned. 

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service. 

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. 

Created artwork ownership

[Create With] does not claim ownership of the materials you provide to [Create With] (including feedback and suggestions) or post, upload, input or submit to the website (collectively "your materials").

However, by posting, uploading, inputting, providing or submitting your materials you automatically grant to [Create With], its affiliates and necessary sub-licensees a royalty-free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display your materials (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content.

By posting, uploading, inputting, providing or submitting your materials you warrant and represent that you own the rights in or are licensed to use your materials including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your materials on the website and you hereby hold harmless and indemnify [Create With] and its officers and employees from and against any claims, damages and losses arising from your materials on the website.

You acknowledge that, unless otherwise agreed, [Create With] is not obliged to publish your material and reserves the right to remove or edit, at its sole option and without prior notice, any materials and content posted, uploaded, inputted or submitted to the website.

External links

[Create With] may provide links to third party websites or resources. You acknowledge and agree that [Create With] is not responsible or liable for the content, products, services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by [Create With] of such websites or resources of the content, products, or services or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such website or resources. 

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 

Uploaded content

You are entirely responsible for the material that you upload to [Create With]'s website and resources, and any harm resulting from that content. By uploading content and making it available, you represent and warrant that:

  • You have fully complied with any third-party licenses relating to the content and have done all things necessary to successfully pass through to end users any required terms.
  • That the content does not contain any viruses, malware, adware, or any harmful content that might compromise [Create With]'s website and resources.
  • The content is not pornographic related, does not contain threats or incite violence, and does not violate the privacy policy rights or any third party. (children use this website).
  • That you are the owner and have full permission of the content you are uploading. 

Copyright and intellectual property rights

The website contains and consists of works in which intellectual property rights exist, including, without limitation, trade marks, literary works and artistic works (collectively "the works"). Such intellectual property rights belong to [Create With], its affiliates or subsidiary, or any third party owners of such rights (collectively "the owners") and nothing in these terms or on the website constitutes an assignment of or licence to use the works. All rights in and to the works are reserved and retained by the owners.

You may not copy, reproduce, download or otherwise use any works in any manner whatsoever for any commercial purposes without the relevant owner's prior written consent.

You may not establish a hyperlink, frame, meta-tag or similar reference, whether electronically or otherwise ("linking") to the website, or any of its subsidiary pages, without [Create With]'s prior written consent.

Image removal

[Create With] reserves the rights to remove/change availability on any images that meet the following: 

  • tampering, exploiting, and abusing image information;
  • images not acceptable for all ages;
  • otherwise offensive images that are reported to and analysed by [create with].

Privacy

[Create With] understands and respects your privacy. Please review [Create With]'s privacy policy. The terms of [Create With]'s privacy policy are incorporated into, and form a part of, these terms. 

Trademarks

All brand, product and service names used in this service which identify as [Create With] or third parties and their products and services are property of [Create With] and/or their relevant third parties.

Governing law and jurisdiction

The website is controlled, operated and administered by [Create With] from within the Republic of South Africa. [Create With] makes no representation that the website, or any aspect thereof, is appropriate, lawful or available for use in other territories. If you access this website from locations outside of South Africa, you are responsible for compliance with all local laws. You may not use this website in violation of South African laws and regulations.

These terms shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Cape Town High Court in the event of any dispute.

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 found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these terms, and the remainder of these terms shall continue in full force and effect. These terms constitute the entire agreement between you and [Create With] with regard to the use of the website.

[Create With] chooses as its domicilium citandi et executandi for all purposes under these terms, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Pike Law, Second Floor, Madison Place, Alphen Office Park, Constantia Main Road, Constantia, Cape Town, 7806, Western Cape Province, Republic of South Africa, .

Contact details, queries, complaints

In the event of any complaint or queries relating to this website you may contact [Create With] by email: owner@createwith.net

These terms were most recently updated on 19th of June, 2018.