TERMS OF USE

Please read these Terms of Use carefully before accessing or using this website.

1. ACCEPTANCE OF TERMS

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that CREATIVE THINK MARKETING LLC may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

1.2 CREATIVE THINK MARKETING LLC may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of CREATIVE THINK MARKETING LLC to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

1.3 We can make changes to the terms of use. On the unlikely occasion that this may happen, all users to the best of our abilities will be informed. Upon purchasing this product, you agree to these terms.

2.1 All content on this Site, including but not limited to Images, Video, Music, and related metadata (collectively the “CREATIVE THINK MARKETING LLC Content"), as well as the selection and arrangement of the CREATIVE THINK MARKETING LLC, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any CREATIVE THINK MARKETING LLC Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and CREATIVE THINK MARKETING LLC, CREATIVE THINK MARKETING LLC does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any CREATIVE THINK MARKETING LLC Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any CREATIVE THINK MARKETING LLC Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or CREATIVE THINK MARKETING LLC Content.

2.2 Unless you enter into a license agreement with CREATIVE THINK MARKETING LLC you may not download, distribute, display and/or copy any CREATIVE THINK MARKETING LLC Content

2.3 You may not remove any watermarks or copyright notices contained in the CREATIVE THINK MARKETING LLC Content unless given access or have White label license.

3.1 For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by CREATIVE THINK MARKETING LLC.

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any CREATIVE THINK MARKETING LLC Trademark, unless expressly conferred by these Terms of Use.

3.3 You agree that you will not use CREATIVE THINK MARKETING LLC Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or CREATIVE THINK MARKETING LLC.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of CREATIVE THINK MARKETING LLC Trademarks or the Trademark rights claimed by CREATIVE THINK MARKETING LLC.

3.5 You agree that you will not use any CREATIVE THINK MARKETING LLC Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.

3.6 You may not at any time, adopt or use, without CREATIVE THINK MARKETING LLC prior written consent any word or mark which is similar to or likely to be confused with CREATIVE THINK MARKETING LLC Trademarks.

3.7 The look and feel of the CREATIVE THINK MARKETING LLC website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of CREATIVE THINK MARKETING LLC and may not be copied, imitated or used, in whole or in part, without the prior written consent of CREATIVE THINK MARKETING LLC.

3.8 All other trademarks, product names, and company names or logos used or appearing on the CREATIVE THINK MARKETING LLC website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by CREATIVE THINK MARKETING LLC, unless expressly so stated.

3.9 You may not use a CREATIVE THINK MARKETING LLC trademark, logo, Image or other proprietary graphic of CREATIVE THINK MARKETING LLC to link to the CREATIVE THINK MARKETING LLC website without the prior written consent of CREATIVE THINK MARKETING LLC.

3.10 You may not frame or hotlink to the CREATIVE THINK MARKETING LLC website or any Image without the prior written consent of CREATIVE THINK MARKETING LLC.

3.11 It is in agreement as well that the rendered mock up should not be used in any immoral activities or posting such as but not limited to derogatory advertising and sexually explicit content renderings.

4.1 Various services are made available to you, pursuant to your use of the Site and CREATIVE THINK MARKETING LLC Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with CREATIVE THINK MARKETING LLC, and the law, you may access and use the Site Services. CREATIVE THINK MARKETING LLC remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. CREATIVE THINK MARKETING LLC may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in CREATIVE THINK MARKETING LLC sole discretion. CREATIVE THINK MARKETING LLC provides the Site Services on an "as is" and "as available" basis. CREATIVE THINK MARKETING LLC (or third parties acting on its behalf) may collect data related to your use of the Site Services

4.2 CREATIVE THINK MARKETING LLC may make CREATIVE THINK MARKETING LLC Content available through the Site Services. You may not use any CREATIVE THINK MARKETING LLC Content for any purpose without first obtaining a license to use such CREATIVE THINK MARKETING LLC Content. Any use of CREATIVE THINK MARKETING LLC Content by you shall be governed by the applicable license agreement separately entered into between you and CREATIVE THINK MARKETING LLC. Displaying and/or distributing to the public any watermarked or unlicensed CREATIVE THINK MARKETING LLC Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

2. INTELLECTUAL PROPERTY LIMITED LICENSE TO USERS

3. CREATIVE THINK MARKETING LLC TRADEMARKS

4. SITE SERVICES

5. USE OF SERVICES

5.1 Responsibilities of CREATIVE THINK MARKETING LLC. CREATIVE THINK MARKETING LLC shall: (i) provide the SERVICES only in accordance with applicable laws and government regulations; (ii) maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of any electronic data, video, artwork, screen names, graphics (including logos), photos, profiles, audio (including music), links, software or written content or any other files, or any other information supplied by you or your Users, but excluding any CREATIVE THINK MARKETING LLC Applications, templates, sample or demonstration content or files utilized or provided by CREATIVE THINK MARKETING LLC as part of the SERVICES; and (iii) use commercially reasonable efforts to restore any lost User Content or images generated from fee-based SERVICES in the event of unavailability due to a failure in the SERVICES, provided that CREATIVE THINK MARKETING LLC shall have no liability whatsoever for the loss of any such User Content or images or its failure to restore the same. You may contact CREATIVE THINK MARKETING LLC through CREATIVE THINK MARKETING LLC  SUPPORT to receive basic support SERVICES for the purchased SERVICES at no additional charge and/or upgraded support if made available by CREATIVE THINK MARKETING LLC and purchased by you separately by way of a written agreement between CREATIVE THINK MARKETING LLC and you.

You acknowledge and agree that there may be interruptions in your use of the SERVICES including, without limitation, (a) planned downtime (of which CREATIVE THINK MARKETING LLC shall endeavor to give at least 8 hours’ notice on its Website, or (b) any unavailability caused by circumstances beyond CREATIVE THINK MARKETING LLC reasonable control, including without limitation, unusually heavy traffic to the Website, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving CREATIVE THINK MARKETING LLC employees), Internet service provider failures or delays, or any failures, delays or downtime caused by CREATIVE THINK MARKETING LLC vendors, including, without limitation, the unavailability or modification by third parties of Third Party Applications. CREATIVE THINK MARKETING LLC shall have no liability for any such interruptions from any cause whatsoever.

5.2 Your Responsibilities. You are responsible to ensure that the User Content and any images generated by you and your Users during use of the SERVICES comply with all applicable laws. You shall be responsible for any and all costs associated with your use of the SERVICES and the images generated thereby. You also agree to comply with any privacy policies and any rules or guidelines required by the applicable Third Party Application you run using the CREATIVE THINK MARKETING LLC Applications. You understand and agree that CREATIVE THINK MARKETING LLC may also be subject to such rules or guidelines, which may in turn condition or limit the features, functions, workflow, look and feel, or content you may use or display.

5.3 Hosting of CREATIVE THINK MARKETING LLC Applications. CREATIVE THINK MARKETING LLC will host CREATIVE THINK MARKETING LLC Applications (except for off-line components or applications) and may update the functionality and user interface of the SERVICES from time to time, in its sole discretion, in an effort to continue to improve the SERVICES and your use of the SERVICES. Certain CREATIVE THINK MARKETING LLC Applications or portions of the SERVICES may be subject to limitations not specified herein. Such limitations will be specified in the Licenses, on the Pricing List (as the same may be updated from time to time) or in the Additional Terms.

6. YOUR CONTENT

6.1 For any image, video, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) CREATIVE THINK MARKETING LLC will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.

6.2 By uploading Your Content, you grant CREATIVE THINK MARKETING LLC a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.

6.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:

- Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy;

- Contains any pornographic, defamatory, or otherwise unlawful or immoral content.

- Exploits minors;

- Depicts unlawful or violent acts;

- Depicts animal cruelty or violence towards animals;

- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or

- Violates any law, statute, or regulation.

7. INFRINGEMENT CLAIMS / DMCA NOTICES

7.1 If you believe that any Image or other material made available by CREATIVE THINK MARKETING LLC infringes upon any copyright that you own or control, you may notify CREATIVE THINK MARKETING LLC in the manner set forth in our DMCA Copyright Infringement Notice Policy.

8. LIMITATIONS

8.1 You agree that you shall not:

- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of CREATIVE THINK MARKETING LLC or any third party.

- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.

- Violate the rights of CREATIVE THINK MARKETING LLC or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

9. RESTRICTION AND TERMINATION OF USE

9.1 CREATIVE THINK MARKETING LLC may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or CREATIVE THINK MARKETING LLC Content at any time in CREATIVE THINK MARKETING LLC discretion, without prior notice or liability to you. Any conduct by you that, in CREATIVE THINK MARKETING LLC sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.

10. LINKS TO THIRD PARTY SITES

10.1 In the event that CREATIVE THINK MARKETING LLC provides links from its website to any third-party website or permits any third party to link from its website to the CREATIVE THINK MARKETING LLC website, you should be aware that CREATIVE THINK MARKETING LLC makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of CREATIVE THINK MARKETING LLC, and CREATIVE THINK MARKETING LLC provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by CREATIVE THINK MARKETING LLC.

11. WARRANTIES AND DISCLAIMERS

11.1 Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by CREATIVE THINK MARKETING LLC under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. CREATIVE THINK MARKETING LLC expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, CREATIVE THINK MARKETING LLC makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. CREATIVE THINK MARKETING LLC makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that CREATIVE THINK MARKETING LLC will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.

12. PERSONAL INFORMATION AND PRIVACY

12.1 CREATIVE THINK MARKETING LLC will use and protect your data, such as your name and address, in accordance with the CREATIVE THINK MARKETING LLC Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

13. INDEMNIFICATION

13.1 You agree to defend, indemnify and hold harmless CREATIVE THINK MARKETING LLC, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the CREATIVE THINK MARKETING LLC Content, or your violation of any rights of another.

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms of Use are governed by and shall be construed in accordance with the laws of the UNITED STATES. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located in the UNITED STATES and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

© CREATIVE THINK MARKETING LLC 2020

 All Rights Reserved.