PLEASE READ THIS TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
Creation Center, LLC maintains this website as a service to our customers, and by using our website you are agreeing to comply with and be bound by this Terms and Conditions of Use Agreement between Creation Center, LLC and each user (“you” or “user”) of this website. Please review the following terms and conditions of the Agreement carefully, and check them periodically for changes. If you do not agree to the terms and conditions of the Agreement, you should not review information or obtain goods, services or products from this website. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on our website, and you should review this Agreement prior to using our website.
- You can cancel your membership or delete your account at any time.
- We expect our members to act with respect.
- Creation Center is not liable for your activities on this site or at our events and no warranties are made by Creation Center around any of these.
- We will delete your account if you act inappropriately.
- We love your feedback, and appreciate you allowing us to use it.
- You can easily reach us if you have questions or need help.
Creation Center, LLC and the Creation Center Website were created to give you spiritual, health, lifestyle and fitness content in the form of articles and videos and to help you connect with like-minded people from around the world. Creation Center is not aimed at users under the age of eighteen (18).
Creation Center Branding and Website is fully owned by Creation Center, LLC. Creation Center, LLC is based in Lakewood, CA USA (all references for Creation Center, Website and Creation Center, LLC hereinafter shall be referred to as ”Creation Center“). The following terms and conditions (hereinafter referred to as the “Agreement“) apply to all websites, products and services offered by Creation Center, under the Creation Center brand. This includes the mobile and tablet versions as well as any other version of Creation Center accessible via desktop, mobile, tablet, social media, internet television or other devices (hereinafter referred to as the “Service“).
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of Creation Center. By using Creation Center, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Creation Center) or you are a “Member” (which means that you have registered on Creation Center as a user). If you do not accept the terms of this Agreement, you should leave the Creation Center website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on Creation Center. You agree to be bound by any modification to this Agreement when you use Creation Center after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the State of California or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on Creation Center (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Creation Center reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on Creation Center is void where prohibited.
Content (as defined in Section 6 of this Agreement) on Creation Center is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Creation Center. Creation Center reserves all rights not expressly granted in and to Creation Center and the Content.
You may access Creation Center and its Content as available:
- for your information and personal use;
- as intended through the normal functionality of the Creation Center Service; and
- for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Creation Center Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Creation Center videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Physical exercise, in all of its forms and with or without the use of equipment such as blocks, straps or any other equipment that may be suggested by a Creation Center instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before beginning any physical exercise regimen, routine, program or using any suggested equipment, shown in any of the video clips on Creation Center. Creation Center, is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your election while viewing Creation Center videos. Nothing contained in Creation Center should be construed as any form of such medical advice or diagnosis.
By using Creation Center you represent that you understand that physical exercise and some meditations involve strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Creation Center, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Creation Center or any person or entity involved with Creation Center, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
CREATION CENTER and any content offered by Creation Center is not directed to persons under eighteen (18) years of age, and by providing information about yourself to Creation Center you are representing that you are eighteen (18) years of age or older.
5. Member Account, Password and Security
If you register on Creation Center, you will be required to choose a password and user name, and you may be asked for additional information regarding your account, such as your e-mail address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Creation Center of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from Creation Center. Creation Center will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that:
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information from other Members;
- involves commercial activities and/or sales without Creation Center prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights;
- denigrates, ridicules, or demeans another person; or
- contains a virus or other harmful component.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses Creation Center in a manner that sends more request messages to the Creation Center servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7.1. Responsibility for Content
Creation Center does not control the Content posted via Creation Center membership chats and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Creation Center be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
7.2. Your Content
You, and not Creation Center, are entirely responsible for all Content that you post, email, transmit or otherwise make available via Creation Center.
By posting or transferring Content to Creation Center, you give Creation Center permission to use your Content to provide Creation Center services, including, without limitation, storing, displaying, reproducing, and distributing your content. This may include promoting your Content with partner companies or services for broader broadcast, distribution, or publication. We will never sell your content to third parties without your explicit permission.
By publishing on Creation Center, you agree to allow others to view your Content.
We don’t pre-screen user Content, but we have the right (though no obligation) to refuse or remove any content you post or transfer to Creation Center for any reason.
Editing and deleting your Content is only possible if it has not been made public (i.e. accessible for logged out users). Creation Center may or may not delete your Content upon request. Creation Center retains, but does not publicly display, backup copies of your deleted Content on our servers for 30 days after you delete your account. If you delete your account or Content, it may be permanently unrecoverable.
You are responsible for the Content you submit to Creation Center and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting, you represent that you own or have the necessary rights to post the Content on Creation Center, and that doing so does not conflict with any other licenses you’ve granted.
8. Rejection/Removal of Content
You acknowledge that Creation Center may or may not pre-screen Content posted on Creation Center, that Creation Center is not responsible for behavior or comments of teachers and/or students and/or music on Creation Center, but that Creation Center shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Creation Center shall have the right to remove from Creation Center any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Creation Center.
If you become aware of misuse of the Service by any person, please contact us.
9. Termination or Suspension of Account
You agree that Creation Center may at any time and for any reason, including a period of account inactivity, terminate your access to Creation Center Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.
11. Security Components
You understand that Creation Center and software embodied within Creation Center may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Creation Center and/or content providers who provide content to the Creation Center platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Creation Center.
12. Proprietary Rights
All materials on Creation Center, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Creation Center or by third parties that have licensed or otherwise provided their material to Creation Center. You acknowledge and agree that all Materials on Creation Center are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Creation Center, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Creation Center’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize Creation Center or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Creation Center. Unauthorized framing of or linking to any of Creation Center is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through Creation Center or the Service, you hereby grant to Creation Center a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sub-licensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through Creation Center, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Creation Center has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Creation Center’s servers after the Content appears to have been removed from Creation Center retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through Creation Center or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through Creation Center or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. Creation Center and Third Parties
Creation Center contains Content of Creation Center and Content of third party licensors to Creation Center (including content provided by users of Creation Center, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Creation Center owns and retains all rights, title and interest in the Creation Center Content. Creation Center hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Creation Center Content and any third party Content located on or available through Creation Center or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Creation Center and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through Creation Center or Service.
Any dealings with third parties included within or on Creation Center involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Creation Center is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Creation Center does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Creation Center or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Creation Center is provided to you for informational purposes only. Creation Center encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Creation Center works to ensure the information on Creation Center is current and accurate, Creation Center does not warrant the accuracy of any information contained on Creation Center (including information provided by instructors) or its fitness for any particular purpose.
16. External links
The Creation Center contains links to external and to third party websites. The Creation Center does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Creation Center in question. The Creation Center does not operate or control and does not have any responsibility for any information, products and/or services found on external websites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement of implied warranties of merchant-ability, spirituality or fitness for a particular purpose. People who visit the Creation Center are assumed to take their own responsibility and risk in using any external sites. Visitors should report any concerns or dissatisfaction regarding any external link to its site administrator or webmaster.
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the State of California or the country in which you reside.
19. Infringement Policy
Creation Center reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or Creation Center by any user who is alleged to have infringed on the intellectual property rights of Creation Center or of a third party, or otherwise violated any intellectual property laws or regulations. Creation Center’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Creation Center to delete, edit, or disable the material in question, you must provide Creation Center with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Creation Center to locate the material; (d) information reasonably sufficient to permit Creation Center to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to us by e-mail with a return receipt acknowledgement.
20. Member Disputes
You are solely responsible for your interactions with other Members. Creation Center reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members. Although there is no obligation, Creation Center has a zero tolerance policy around cyber bullying. Disagreements arise and people misinterpret things often. However If we receive a report on cyber-bullying we will immediately investigate it and interact accordingly which can result in the termination of membership.
21. Account Deletion, Term and Termination
This Agreement shall remain in full force and effect for so long as it is accessible here.
Account deletion: You can delete your account at any time by going to https://www.Creation Cente.org/my-profile/
Creation Center reserves the right to terminate your account or your access to Creation Center immediately, with or without notice to you, and without liability to you, if Creation Center believes that you have breached any of the terms of this Agreement, furnished Creation Center with false or misleading information, or interfered with use of Creation Center or the Service by others.
Account sharing is not allowed: Members of Creation Center may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Creation Center as fraudulent use of Creation Center, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use.
Fraud: Creation Center reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
23. Sale of Products
The products available for purchase on Creation Center, including without limitation to the detox program which is provided for overall health and well-being purposes only and does not constitute medical or psychological diagnosis, treatment, or advice. Any information presented by Creation Center is not intended to represent that any products, including without limitation, the detox program, is to be considered a substitute for seeking professional medical or psychological advice from an appropriate professional health care provider. We strongly advise you to seek professional advice as appropriate before making any health decision or purchasing any product on Creation Center, including and without limitation, the detox program.
Editing, Deleting and Modification
Creation Center reserves the right to edit or delete any documents, information or other content appearing on Creation Center, including this Agreement, without further notice.
Prices & Currency
The prices displayed on Creation Center are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. Customers are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
Pricing or Typographical Errors
Creation Center does our best to provide accurate product and pricing information. However, pricing or typographical errors do occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Creation Center shall have the right, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, Creation Center will either contact the customer for instructions or cancel the order and notify the customer of such cancellation. Prices and availability are subject to change without notice.
Due to unforeseen circumstances, there may be certain orders that Creation Center is unable to accept and must cancel. Creation Center reserves the right, at Creation Center’s sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; or problems identified by the customer’s credit card and fraud avoidance group. Creation Center may also require additional verification or information before accepting any order. If this is the case, Creation Center will contact the customer if all or any portion of an order is canceled or if additional information is required to accept the order. If an order is canceled after a credit card has been charged, Creation Center will issue a credit to the credit card in the amount that was charged.
All customers represent and warrant that in purchasing any product from Creation Center that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by the customer will be honored by the customer’s credit card company, and (iii) the customer will pay the charges incurred by the customer at the posted prices, including any shipping fees and applicable taxes.
Due to the nature of our business, and the products listed, Creation Center has a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a refund.
Refunds: Creation Center offers different classes and events that either do not offer a refund or have a refundable policy on a portion of the event itself with written timelines associated with these events. As each event and class vary on these policies due to costs and timelines, please refer to the event page for the specifics of that event’s refund policy if applicable.
Our editors typically include images or videos as part of their blog posts and the images that they are authorized to use is the following:
- Images/videos that are supplied to our editors or released into the public domain by public relations and marketing companies for press or other purposes
- Images/videos that are licensed from vendors
- Images/videos that are published on YouTube, Vimeo, Photobucket, Flickr or other public photo and video sites with licenses granted under Creative Commons, with attribution in accordance with the CC license granted in each case
- Images/videos that are supplied by readers, with the implied representation that the person submitting the image/video owns the copyright in the image/video and the right to give it to us for use on our site
Images that we believe to be covered by the Fair Use Doctrine, such as:
- Thumbnail images of 150 x 150 pixels or less, cropped or reduced in size from the original source
- Images/videos used in a transformative manner, such as parody
- Images/videos that are widely distributed that they have become part of the news
- Images/videos that are used to illustrate a newsworthy story, where the image itself tells a story
- If Creation Center Sites receives any notice that an image is posted up inappropriately such as not keeping with the terms listed above, we reserve the right to remove that image.
If you think we have published an image or text that violates your copyright, we will address your concerns; however, if the image falls into one of the listed categories above and we believe that our use of the image is legitimate, we will not remove it from the site.
25. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF CREATION CENTER SHALL BE AT YOUR SOLE RISK. CREATION CENTER AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CREATION CENTER, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CREATION CENTER AND YOUR USE THEREOF. CREATION CENTER, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CREATION CENTER’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO CREATION CENTER AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CREATION CENTER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CREATION CENTER, LLC SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CREATION CENTER, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH CREATION CENTER BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CREATION CENTER.
CREATION CENTER, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH CREATION CENTER OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CREATION CENTER, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
26. Limitation on Liability
IN NO EVENT SHALL CREATION CENTER, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF CREATION CENTER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CREATION CENTER, LLC SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM CREATION CENTER, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH CREATION CENTER BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA CREATION CENTER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE CREATION CENTER, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CREATION CENTER, LLC SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON CREATION CENTER DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY CREATION CENTER, LLC OR ANY OF ITS EMPLOYEES. CREATION CENTER, LLC IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON CREATION CENTER OR THIRD PARTY WEB PAGE ACCESSED FROM CREATION CENTER, NOR DOES CREATION CENTER, LLC WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
CREATION CENTER, LLC RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON CREATION CENTER THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON CREATION CENTER.
27. Exclusions and Limitations
Those who access or use Creation Center from other states and/or countries do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect. Notwithstanding the foregoing, the sole and entire maximum liability of Creation Center, LLC and the Affiliated Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from the Creation Center Website.
You agree to defend, indemnify and hold harmless Creation Center, LLC, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to Creation Center’s Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Creation Center’s Website. You agree to indemnify, defend and hold harmless Creation Center, LLC and the Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Creation Center Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through Creation Center Website, your violation of this Agreement, your infringement or violation of any rights of another, or termination of your access to Creation Center Website.
29. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through Creation Center, to obtain certain premium Content through Creation Center, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
30. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of Creation Center (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or Creation Center.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Creation Center without restriction.
32. Integration Clause
33. Waiver and Severability of Terms
The failure of Creation Center to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
34. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Creation Center, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
35. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules. Each user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of action arising from or relating to the use of this website or this Agreement shall be brought exclusively in Federal or State Courts for Lakewood, CA.
With the prior agreement of Creation Center, LLC any claim, dispute or controversy arising or concerning this site and/or this Agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration brought shall be held in Lakewood, CA, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.
37. Entire Agreement
This Agreement constitutes the entire Agreement between Creation Center and each user of Creation Center with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of Creation Center and your use of this website shall be deemed acceptance of and assent to this Agreement by you.
38. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Creation Center reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of Creation Center following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
The failure of Creation Center to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit Creation Center’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "Limitation of Liability" provisions of this Agreement are for the benefit of Creation Center, LLC and the Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
We love and welcome your feedback, comments, suggestions, and other communications about our Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to Creation Center a worldwide, non-exclusive, transferable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send Creation Center any Feedback that you do not wish to license to us as set forth above.
If you have any questions or comments regarding this Agreement or Creation Center, feel free to contact us.