IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THE TERMS OF THIS AGREEMENT, IN WHICH CASE THE LANGUAGE "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE PROFESSIONAL SERVICES OR THE SITE.
You agree to the following:
- Your Materials. As between Creative Maven and you, Your Materials are the sole and exclusive property of you, subject only to the limited license rights granted to Creative Maven under this Agreement. You warrant that Your Materials are being lawfully shared and that Creative Maven's use of Your Materials as authorized hereunder shall not infringe or violate the intellectual property, confidentiality, privacy, or other legal right of others, and/or that you have the proper rights and permissions to use and share Your Content.
- Professional Services. Creative Maven offers certain Professional Services on its website designed to help its clients improve their business or their careers and life. Such Professional Services may include professional coaching, training classes, agency and other marketing services, such as graphic design services, content creation, strategy, plans, and logistics. You acknowledge that for all Professional Services, results are not guaranteed. Please find below some additional terms related to specific types of Professional Services that may be offered on the Site. Additional unique terms for Professional Services may also be provided to you separately at the time of purchase.
- Coaching and Training Services. Coaching and training services work only when the recipient has decided to act and make an impact on their own career and life. Creative Maven can offer professional guidance and direction, but ultimately, you must create the results you want through your own dedication and efforts. Creative Maven does not warrant or make any representations or guarantees that you will earn any money using the Site or Professional Services. You accept all responsibility for executing your own business and services. No outcome or promises are guaranteed.
- Agency Services. If the Professional Services include production services, Creative Maven typically does not act as your agent to purchase any third-party materials that may be required to complete those services. You agree to promptly obtain all necessary rights in and provide to Creative Maven such third-party materials on your own. Notwithstanding the foregoing, if we mutually agree that Creative Maven may act as your purchasing agent, Creative Maven is hereby authorized to act as your agent in purchasing such third-party materials on behalf of you. Examples of such agency purchases include if Creative Maven may purchase promotional materials, media, stock photos/video, and other similar items or rights to carry your advertising, materials, services, and rights on behalf of you as agent for you as a disclosed principal. For all such purchases, you will be billed directly by the third-party vendor and shall promptly pay all invoiced amounts. Creative Maven has the right but not the duty to confirm with media vendors and other suppliers that they have received payment from you and that you are solely responsible for payment. In any event, you agree to be liable for all costs and expenses incurred by Creative Maven to third parties in furtherance of programs and services for you hereunder.
- Graphic Design Services. To the extent the Creative Maven Professional Services include graphic design services, you acknowledge that the native files are not included as deliverables but may be purchased for an additional cost and that once graphic designs are approved by you, they are final.
- Classes. Both live and taped classes may be offered on the Site. For all classes, you shall ensure that only you and those for whom you have paid shall attend. For taped classes, you shall be authorized to review and watch the taped classes for as long as the classes are posted on the Site. Further, Creative Maven shall give you at least 90 days prior written notice prior to permanently removing any purchased class from its Site, so that you may download a copy of the class prior to its removal. For live classes, you acknowledge that Creative Maven relies on third-party service providers to provide the technology needed to conduct the live classes remotely and that it is your responsibility to comply with all requirements of such third-party service providers to ensure you are able to attend the live class. Further, should a scheduled live class be unable to be conducted due to third party service provider issues, you acknowledge that as your sole remedy and Creative Maven's sole liability, Creative Maven will promptly reschedule the class at a mutually agreed upon time.
- Intellectual Property Infringement Notification. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Creative Maven at [email protected] Please provide your name and contact information, including your email address, telephone and address, a description of the work, including the location/URL where this content is available or a copy of it, a statement in good faith belief that the use of the work is not authorized by the owner, a statement that the information sent in the notice is accurate and that you are either the copyright owner or you are authorized to act on the owner’s behalf, all relevant copyright and/or trademark registration information, and any other information you believe is relevant.
- As-Is Content, Site and Professional Services. While Creative Maven uses reasonable efforts to include accurate and up-to-date information on the Site and in the Content, Creative Maven makes no warranties or representations as to its accuracy. Creative Maven assumes no liability or responsibility for any errors or omissions in the Content, Professional Services or the Site.
- Registration. When you register with Creative Maven and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Creative Maven. You consent to receive notices electronically by way of transmitting the notice to you by email. Each account on the Site is only valid for, and can only be used by, one person and only the person who owns the account. Accounts cannot be shared. Violation of this will result in Creative Maven disabling the account on the Site.
- Purchases. Purchases by you from Creative Maven and/or this Site can only be used by you and are not transferable to another person or entity. By purchasing from Creative Maven, you are agreeing to comply with the requirements and terms for that purchase, including the applicable scheduling and payment terms for your purchase which will be provided at the time of purchase (the "Purchase Terms"). If Purchase Terms are not provided at the time of purchase, payments are due in advance and nonrefundable. All late payments shall bear interest at the lesser rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Except as set forth in our Cancellation Policy, all sales are final.
- Pricing. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for Professional Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- Payment. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
- Suggestions and Reviews. If you send or make comments or suggestions about the Content, Site or Professional Services to Creative Maven, including, but not limited to, documents, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of Creative Maven. No submission shall be subject to any obligation of confidence on the part of Creative Maven. Creative Maven shall exclusively own all rights to (including intellectual property rights thereto), and, except as set forth in the next sentence, shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you. Notwithstanding the foregoing, only with your prior written consent may Creative Maven use your submissions, together with your name and trademarks, in testimonials or recommendations posted to the Site or other Creative Maven marketing materials.
- Security. Creative Maven shall use commercially reasonable efforts to restrict unauthorized access to your data and files. However, no system can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you provide to Creative Maven. Use of the Site and our Professional Services is completely at your own risk.
- Disclaimers. IN NO EVENT SHALL CREATIVE MAVEN BE LIABLE IN THE AGGREGATE, FOR ANY AND ALL CLAIMS, REGARDLESS OF THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE), ARISING OUT OF THIS AGREEMENT AND/OR ANY NONDISCLOSURE AGREEMENT ENTERED INTO IN CONNECTION WITH THIS AGREEMENT FOR: (A) ANY DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID BY YOU TO CREATIVE MAVEN DURING THE SIX-MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO AN ALLEGED LIABILITY; OR (B) ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS. THIS LIMITATION WILL APPLY EVEN IF CREATIVE MAVEN HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE, ALL CONTENT ON THE SITE AS WELL AS ALL PROFESSIONAL SERVICES, WORKSHOPS, AND ONLINE CLASSES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
- Indemnification. You agree to defend, indemnify and hold harmless Creative Maven and its officers, directors, employees, agents, successors, and permitted assigns from and against any and all losses, liabilities, claims, damages, and expenses, including attorney’s fees, arising out of or relating to (i) your breach of this Agreement including any confidentiality terms which are incorporated herein by reference, or (ii) bodily injury, death or any person, or damage to property resulting from your negligent or willful acts or omissions.
- Independent Contractors. The parties are independent contractors, and nothing in this Agreement shall be construed to constitute either party to be an agent, partner, legal representative, attorney or employee of the other for any purpose whatsoever. Neither party shall have the power or authority to bind the other except as specifically set out in this Agreement.
- General Provisions. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law and exclusive venue for any dispute shall be in the state and federal courts located in Los Angeles County, California. If any provision or portion of this Agreement is held invalid, illegal, void or unenforceable as it appears in this Agreement by reason of any rule of law, administrative or judicial provision or public policy, then such provision shall be construed as being enforceable to the extent such rule of law, administrative or judicial provision or public policy allows. All other provisions of this Agreement shall nevertheless remain in full force and effect. Neither of the parties shall be deemed to have waived any of its rights, powers or remedies hereunder unless the waiving party expresses such a waiver in writing.
Last Updated: February 12, 2020