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We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. If you have a user account prior to any such changes, you will be prompted to review the revised Terms of Service, and accept them, prior to logging in to your user account. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Site or the Services. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. PLEASE NOTE THAT BY AGREEING TO THE TERMS AND CONDITIONS PROVIDED FOR HEREIN YOU ARE TRANSFERRING VALUABLE INTELLECTUAL PROPERTY RIGHTS TO CREATECOIN FOR ITS COMMERCIAL USE.[DS3]
Product/Service Ideas are submitted by Users. Idea Submitters may make their Product/Service Idea submissions viewable to only those Users who are invited to view, or viewable to all Users. By becoming a User on this website, you agree to keep all information disclosed to you on this website and all ideas submitted by you confidential and agree not to disclose such information and ideas outside of the CreateCoin community of Users. (See also “Confidentiality” section below). All Product/Service Ideas are viewable by select members of CreateCoin’s staff. In addition, all postings on the site automatically become available to the Company, when they are posted, in order to consider selecting them for development and/or commercialization, production and sale.
Once a Product/Service Idea submission satisfies certain required elements, which the Company shall choose in its sole discretion and as set forth on the Site, the Product/Service Idea automatically becomes a candidate for selection by the Company for development and/or commercialization, production and sale (if the Company so chooses, however, the Company may decide to evaluate the Product/Service Idea before the idea satisfies the required elements). The Company will normally, however, select or reject Product/Service Ideas made available by Idea Submitters for review by the Company, subject to satisfaction of the aforementioned required elements.
Prior to or after satisfying the aforementioned required elements, an Idea Submitter may choose, in his/her sole discretion, to exchange an amount of his/her “CreateCoin” (see below) associated with his/her Product/Service Idea submission, in return for input from other Users that the Idea Submitter selects for inclusion in his/her Product/Service Idea submission.
The Company may, at its sole discretion and at any time, taking into consideration a variety of factors, select a Product/Service Idea for development and/or commercialization, production and sale. If the Company rejects a Product/Service Idea made available by an Idea Submitter to the Company as a candidate for development, production, commercialization, licensing and/or assignment, that Product/Service Idea will either be kept in the “Review” phase and considered again in the future for development, or pushed back into the “Ideation” phase. If pushed back into the “Ideation” phase, a user may elect to submit an edited version of the Product/Service Idea for entry anew into the foregoing process. It shall be at the sole discretion of the Company, however, whether to consider one or more edited versions of the Product/Service Idea.
Product/Service Ideas will be subject to one or more phases and/or projects, as set by CreateCoin, each of which is targeted to get Community ideas, suggestions and input related to a specific aspect of the development of the Product/Service Idea (e.g., the selection of a name, or the color scheme for Product/Service). These phases and/or projects may happen prior to, and/or following, selection of a Product/Service Idea for development and/or commercialization, production and sale.
For each phase/project, Users post their suggestions or ideas to solve or address the problem presented in that phase/project. If a Product/Service Idea is viewable only to Users invited by the Idea Submitter, only invited Users can participate in a phase/project. If a Product/Service Idea is viewable to all Users, all Users can participate in a phase/project. In either case, members of CreateCoin may choose to contribute to development.
However, in no event shall the Company be required to transfer any intellectual property contributed by CreateCoin or by any third parties including, but not limited to, other Users who “CreateCoin” the Product/Service Idea.
THE SELECTION, DEVELOPMENT, MANUFACTURE, SALE AND COMMERCIALIZATION OF ANY PRODUCT/SERVICE IDEA IS SUBJECT TO THE COMPANY’S SOLE AND ABSOLUTE DISCRETION AND THE COMPANY RESERVES THE RIGHT, FOR ANY OR NO REASON, TO (I) REJECT ANY SUBMITTED PRODUCT/SERVICE IDEA, (II) REFUSE TO POST ANY SUBMITTED PRODUCT/SERVICE IDEA TO THE SITE, (III) TERMINATE THE DEVELOPMENT OR ANY PHASE RELATED TO A PRODUCT/SERVICE IDEA, (IV) TERMINATE THE SALE AND OR MANUFACTURE OF ANY PRODUCT/SERVICE IDEA, OR (V) SELL, LICENSE, OR TRANSFER A PRODUCT/SERVICE IDEA, AND/OR ANY INTELLECTUAL PROPERTY RELATED THERETO, TO ANY THIRD PARTY.
“Proprietary Information” includes any scientific, technical, trade or business secrets of any person or entity and any scientific, technical, trade or business materials that a person or entity treats, or is obligated to treat, as confidential or proprietary, including, but not limited to, Inventions belonging to a person or entity and confidential information obtained by or given to a person or entity about or belonging to a third party. In no event, however, shall any User submit any Proprietary Information which includes any information that the User is prohibited from providing to CreateCoin or submitting to the Site by any applicable federal, state, or foreign law.
“Site Content” means all information on the Site and available through the Services, including without limitation designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format, and their selection and arrangement.
“User” is anyone that creates an account online and is registered to post content on the Site and includes all other Persons who participate on the Site other than the Company.
“User Content” includes all information that a User may transmit to the Site and/or the Company and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, animation, information, applications, software, programs, music, sound, audio, schematics, illustrations, diagrams, data, and other files and creative output, in whatever format. User Content also includes information a User provides to CreateCoin outside of the Site in relation to User Content transmitted to the Site, and such information shall constitute User Content transmitted to the Site under this Agreement.
You acknowledge that CreateCoin is a service provider that has created the Site to allow Users to interact via the Site with each other and/or CreateCoin personnel regarding topics and content chosen by Users, and that Users can alter the information presented on the Site on a real-time basis. CreateCoin generally does not regulate the content of communications between Users or Users’ interactions with the Services. As a result, CreateCoin has very little control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of User Content provided by Users. Nonetheless, CreateCoin reserves the right to monitor and/or limit any User Content posted by a User to the Site, including, without limitation Product/Service Ideas.
You acknowledge that: (i) by using the Site you will have access to User Content provided by other Users, and (ii) User Content and Site Content may be provided under license by independent content providers, including contributions from other Users. The Company may or may not pre-screen User Content submitted by Users to the Site. You acknowledge that the Company and other Users have rights in their respective Site Content and User Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Services or posting on the Site. You accept full responsibility and liability for your use of any Site Content or User Content in violation of any such rights. You agree that your creation or submission of any User Content is not in any way based upon any expectation of compensation from the Company or any other Users.
You agree that the Company has the absolute right and permission to use your name, voice, image, likeness, rights of publicity and your applicable User compensation information, including for example any commissions paid and your CreateCoin percentage, as well as representations made by you, in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about the Company, the Company’s business or a Product/Service Idea.
While one aspect of the Site is to provide Users, including Idea Submitters with the right to share in Product/Service/IP Revenue, Users should not participate on the Site or in the Services primarily for financial gain, as any actual monetary compensation actually received by a User in connection with the Site, may or may not bear any relation to the actual time invested on the Site, or the quality or quantity of User Content submitted, or CreateCoin allocated. Because the Company may elect in its sole discretion to not commercialize or to cease commercializing any Selected Product/Service Idea at any time, there can be no guarantee that you will ever receive any payments or actual compensation in connection with participating on the Site or providing User Content even if you participate or provide User Content. CreateCoin makes no representations or warranties regarding any actual monetary compensation that may be earned in connection with use of the Site or the Services. CreateCoin’s obligation to pay User Royalty to Users, who are allocated such amounts pursuant to the Site, is limited to paying such allocations based upon Product/Service/IP Revenue that is actually received by CreateCoin.
Notwithstanding any User Royalty that may be allocated to your account, CreateCoin shall be under no obligation to distribute such amount to you until such time as the aggregate amount payable in your account exceeds $50. The Company will calculate all payments owed by the Company to a User on a quarterly basis as set forth above. All amounts earned by a User shall be rounded down to the nearest tenth of cent. If the total amount that a User earns for the previous day is less than a tenth of penny (e.g. $.001) then such amount shall be rounded down to zero and no amount will be credited to the User. CreateCoin reserves the right to reset all User accounts, for which the User has not logged in within the prior two years, below $50 to $0 and to write-off all such unpaid amounts and CreateCoin shall have no liability for any such write-offs. Prior to resetting any such account to $0, CreateCoin will contact the User associated with the account at the email address associated with the account, and request that the User log into the account within thirty days. If the User logs into the account within thirty days, CreateCoin will not reset the account balance. CreateCoin also reserves the right to withhold or forfeit payments due to any User that has breached this Agreement or any of the other guidelines related to use of the Site. The Company will make payments to Users, upon request from Users for payments, by check, ACH, wire transfer (fee assessed to User) or through any other commercially reasonable manner adopted by the Company from time to time.
Subject to the foregoing terms, upon the death of a User, CreateCoin will direct payments associated with the CreateCoin accruing from the deceased User’s participation on the Site prior to such User’s death, to a replacement payee if: (a) the Person requesting a replacement payee presents verifiable documentation supporting the replacement payee’s legal entitlement to the deceased User’s payments, and (b) the request for a replacement payee is received by CreateCoin within one year from the date of the deceased User’s death. If CreateCoin does not receive a request for replacement payee that complies with the foregoing conditions, CreateCoin may cancel the deceased User’s account, and write-off any unpaid amounts, with no liability for any such write-offs.
The Company is under no legal obligation to make any payments to Users for any past or future revenue derived from, or associated, with a Legacy Product/Service Idea, nor is it under any legal obligation to make any other payments associated with any obligations assumed by, or entered into by, any predecessors-in-interest of the Company, including, any predecessors-in-interest which went into bankruptcy. However, the Company may, in its sole discretion, choose to make discretionary payments to Users who had accumulated CreateCoin in Legacy Product/Service Ideas. Such payments, if any, shall only be made to those Users who have accepted the present Terms of Service on or after June 6, 2016 and any updated version thereafter. In the event that the Company chooses to make any such discretionary payments, they are entirely voluntary and discretionary by the Company, create no ongoing or other obligations by the Company, and may be modified or discontinued by the Company at its sole discretion for any reason and at any time[G12] .
You acknowledge and agree that you are responsible for all taxes due on any payments made to you in connection with your participation on the Site. The Company will be under no obligation to make any payments to you unless you have properly completed and submitted the CreateCoin Payee Information Form (the “QPIF”) and the information required in the registration process related to backup withholding taxes. Backup withholding taxes are a type of withholding for federal income taxes on certain types of income. CreateCoin may be required by law to withhold these taxes from amounts payable to you unless you are otherwise exempt from backup withholding. US citizens and resident aliens will typically be exempt from backup withholding if they properly report their name and Social Security number to CreateCoin on the QPIF and that information matches the IRS records.
CreateCoin reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that CreateCoin will not be liable for any interruption of the Site, delay or failure to perform. CreateCoin has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the Services as it sees fit in its sole discretion.
Certain aspects of the Site, such as posting a Product/Service Idea, may be for a fee or other charge. These fees and charges are described on the Site, and in the event you elect to use paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, posted on the Site. CreateCoin may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. All fees paid to the Company are solely for services provided by the Company through the Site and no payments made in connection with the Site should be made with any expectation by a User to receive any return payment, including any portion of Product/Service/IP Revenue or User Royalty from the Company.
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”), including, but not limited to, your full legal name, postal address, city, state and country of residence, and country of citizenship; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to Company, and keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
All Site Content is the proprietary property of the Company, its Users or other licensors, with all rights reserved. No Site Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission, except that the foregoing does not apply to User Content that is legally posted on the Site, which is addressed in more detail in the section below titled “Ownership of User Content.” Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your own personal use, in connection with participating on the Site, during the duration of the development of a Product/Service Idea for which such Site Content was originally posted. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any use of the Site Content not explicitly permitted herein is strictly prohibited. In the case of your own User Content submitted to the site, you agree to keep such content confidential and not to publicly disseminate such User Content until such time as CreateCoin evaluates such content for any Intellectual Property Rights therein, and files for protection of such Intellectual Property Rights, if applicable, at CreateCoin’s sole discretion. The foregoing license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication or otherwise. The foregoing license is revocable at any time by the Company without notice and with or without cause.
You understand and agree that by submitting a Product/Service Idea and/or User Content to any area of the Site, you automatically grant (and you represent and warrant that you have the right to grant) to other Users:
a limited license to access and use your User Content for their own personal use, in connection with participating on the Site, during the duration of the evaluation and development of a submitted Product/Service Idea for which such User Content was originally posted. Other than as expressly provided herein, no User shall acquire any license or ownership in other Users’ User Content, provided however that in the event a User withdraws a Product/Service Idea from the Site in accordance with these Terms, and desires to adopt User Content provided by another User for use away from the Site, such Users may agree among themselves, separate and apart from these Terms, to terms governing use of such User Content.
In addition, in consideration of: the services provided by CreateCoin on its Site, including, but not limited to, providing you with access to the Site and the software and Users therein; the services provided by CreateCoin to you, including but not limited to, any efforts made to design, develop, commercialize, any Product/Service, and/or to license or sell any Intellectual Property Rights associated with any Product/Service Idea that you submit or contribute to the Site; the agreement by CreateCoin set forth herein to pay certain royalties to Users where appropriate; and any other services, resources, and/or expenditures made by CreateCoin in connection with any Intellectual Property and/or Product/Service Idea and/or User Content submitted to the site;
to the extent that you submit to CreateCoin or post on the Site any Intellectual Property, and/or any Product/Service Ideas and/or any User Content,
YOU HEREBY ASSIGN TO COMPANY all of your worldwide right, title and interest in such Intellectual Property, and/or User Content and/or Product/Service Ideas, including without limitation all Intellectual Property Rights and any and all other exclusive rights to the same.
These rights to the Intellectual Property, and/or User Content and/or Product/Service Ideas that are assigned herein include, but are not limited to: any and all rights to claim priority thereto; any and all rights to use, distribute, modify, commercialize, and legally protect the same; and any and all rights to design, develop, make, use, sell, offer for sale, export, and/or commercialize products and/or services incorporating the same. These rights assigned herein further include any and all exclusive rights to sue and recover for any and all infringements of such Intellectual Property Rights and any other exclusive rights to the Intellectual Property and/or User Content and/or Product/Service Ideas, including any infringements which may have occurred prior to the date of this assignment, or which may occur on or thereafter.
You hereby represent and warrant that you have the right to assign the same, and covenant that no assignment, sale, agreement or encumbrance has been or will be made or entered into which would conflict with this assignment.
You further covenant that CreateCoin will, upon its request, be provided promptly with all pertinent facts and documents relating to said Intellectual Property Rights and any other exclusive rights, and any applications, patents, trademarks, copyrights, or other legal applications, registrations and/or protections relating to the same as may be known and accessible to you, and agree that you will testify as to the same in any interference, litigation or proceeding related thereto, and will promptly execute and deliver to CreateCoin or its legal representatives any and all other additional written confirmatory documents of this assignment or other instruments of transfer or Intellectual Property Rights perfection or legal documents relating thereto as may be reasonably requested by the Company, as well as any and all papers, instruments or affidavits required to apply for, obtain, maintain, issue and enforce any applications, patents, trademarks, copyrights, or other legal protections relating to the Intellectual Property rights and any other exclusive rights, and/or required to pursue any legal proceedings (whether judicial or administrative) or take any actions which may be necessary or desirable to obtain rights to, maintain or enforce said Intellectual Property Rights and any other exclusive rights, and any applications or registrations relating thereto.
You further agree that you will not make any claims against the Company or any third party who is assigned or licensed rights in such Intellectual Property and/or User Content and/or Product/Service Ideas by the Company, based on any allegations that any activities by the Company or such third party infringe your (or anyone else’s) Intellectual Property Rights in such User Content. You further acknowledge and agree that in connection with any such assignment you reserve no rights whatsoever, and the Company shall have the right to enforce all Intellectual Property Rights in such User Content against you and/or third parties and any subsequent use by you and/or Third Parties of such User Content.
You further acknowledge and agree that any compensation that you might receive as a result of submitting such Intellectual Property and/or User Content and/or Product/Service Ideas and its inclusion in a successfully commercialized Product/Service Idea, may be inadequate or below fair market value, and you expressly agree to bear such risk in connection with submitting to CreateCoin or posting on the Site any Intellectual Property and/or User Content and/or Product/Service Ideas. The provisions of this Section and this Agreement may be specifically enforced by either the Company or any third party who is assigned or licensed or granted rights in such User Content by the Company or by operation of law, including, but not limited to any successor, licensee, assigns and/or legal representatives of CreateCoin, and any such third party is intended to be a third party beneficiary of this provision.
You further understand and agree that you have the right to consult with legal counsel of your choosing before you enter into this Agreement, and before submitting any Intellectual Property and/or Product/Service Ideas and/or User Content to the Site.
You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your User Content hereunder, including without limitation, any rights or obligations you may or may not have concerning open source software; and, (ii) you are solely responsible for, and the Company will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Site, including without limitation any legal consequences relating to your or any other Person’s Intellectual Property Rights or Proprietary Information CreateCoin also has the right herein to retains ownership of User account data, regardless of any Intellectual Property Rights in User Content.
You agree that you do not own the account you use to access the Site, nor do you own any data CreateCoin stores on its servers (including without limitation any data representing or embodying any or all of your User Content). In addition, you do not have any rights of access to the Site, the Services or any rights to data stored by or on behalf of the Company, other than as determined by the Company at its sole discretion.
(a) You agree to regard and preserve as confidential, all CreateCoin Confidential Information, including, but not limited to, all Product/Service Ideas and/or User Content which is on the Site, which is submitted to the Site, or which may be submitted to the Site, whether submitted by you or other Users or provided by CreateCoin personnel. You will treat all Confidential Information with the same degree of care that You treat your own confidential or proprietary information, but in no event less than using standards of reasonable care. In maintaining the confidentiality of CreateCoin Confidential Information hereunder, You agree that (i) you shall not, without first obtaining the written consent of CreateCoin, disclose or make available to any person, firm or enterprise, reproduce or transmit, or use for its own benefit or the benefit of others, any such CreateCoin Confidential Information, and (ii) you shall prevent disclosure to any competitor of CreateCoin (known to be such after reasonable inquiry). You shall not, without obtaining the prior written consent of CreateCoin, use CreateCoin Confidential Information for any purpose other than for use of the Site, discussions between You and CreateCoin, internal planning, joint collaboration between You and other registered Users of the site, and the provision of other services to CreateCoin.
(b) Notwithstanding anything to the contrary contained herein, in the event of a breach or threatened breach by You of the provisions of this Section, CreateCoin has no adequate remedy in money or damages and, accordingly, may seek injunctive relief, provided, however, that no specification in these Terms of Service of a specific legal or equitable remedy shall be construed as a waiver or prohibition against any other legal or equitable remedies in the event of a breach of a provision of these Terms of Service.
From time to time, CreateCoin may contract with third party companies that may develop, manufacture and/or sell products based on a Selected Product/Service Idea, and/or may in the future sell part or all of its business to a third party company. You agree that this Agreement and/or such third party companies’ actions or inactions concerning your Product/Service Ideas and other User Content do not create between you and any such third party company any type of contract (e.g., express, implied, or quasi-contractual), any type of relationship (e.g., a fiduciary or confidential relationship) or any type of duty or obligation (e.g., financial or equitable), and you hereby waive and agree to waive any and all claims you have or may have in the future against any such third party companies concerning your Intellectual Property Rights, Product/Service Ideas, other User Content, and your use of the Site.
You agree that you shall not: (i) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that infringes or violates any third party rights, including without limitation any Intellectual Property Rights, or that constitutes any other Person’s Proprietary Information; (ii) take any action, written or otherwise, which is intended, or would reasonably be expected, to harm the Company or Company Affiliates or its or their reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company; (iii) impersonate any Person without their consent, including, but not limited to, a CreateCoin employee, or falsely state or otherwise misrepresent your affiliation with any Person; (iv) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content that violates any law or regulation; (v) take any action or upload, post, e-mail or otherwise transmit to or via the Site any User Content as determined by CreateCoin at its sole discretion that is illegal, harmful, threatening, violent, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vi) take any actions or upload, post, e-mail or otherwise transmit to or via the Site any User Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personally Identifiable Information; (vii) take any action or upload, post, email or otherwise transmit to or via the Site any User Content or Product/Service Ideas or Proprietary Information that would violate any right or duty under any law or under contractual or fiduciary relationships (including, but not limited to, any inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (viii) upload, post, email or otherwise transmit to or via the Site any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that the Company considers in its sole discretion to be of such nature; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (x) attempt to gain access to any other User’s account or password; or (xi) “stalk”, abuse or attempt to abuse, or otherwise harass another user; (xii) charge any third party for use of the Site or the Services; or (xiii) modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Site or any of its algorithms that are utilized to allocate CreateCoin. Any violation by you of the terms of the foregoing may result in immediate and permanent suspension or cancellation of your account and the forfeiture of any accrued CreateCoin and any amounts otherwise due to you from the Company, and you expressly waive all rights, claims, and/or causes of action against CreateCoin in connection with the same.
Users may choose to produce a web application (including, without limitation, a website, blog, Facebook page, Twitter page, or similar) promoting or otherwise presenting CreateCoin or publicly available CreateCoin products.
Any such application must comply with the following guidelines:
Post the following notice clearly and conspicuously on each and every page within an application:
“This application is not affiliated with, endorsed by, or in any manner provided or controlled by Q Holdings. Q Holdings assumes no liability for the content of this application.”
If using any CreateCoin branding (including, without limitation, CreateCoin or CreateCoin Product/Service brand names or logos), do not distort or alter the brand appearance. For example, don’t change any spelling, don’t add or merge words, don’t alter color, font or dimensions. Inform us of any use of CreateCoin branding.
If using any CreateCoin created imagery (still photos or videos), include the following attribution: “© Q Holdings LLC. All rights reserved.” adjacent to each instance of imagery.
Don’t claim any untrue association with CreateCoin. CreateCoin Users are not employees, consultants, contractors or agents of CreateCoin.
Don’t include the CreateCoin name or other CreateCoin brand name in a domain name (including, without limitation, Facebook page URL or Twitter page URL)
Don’t disclose any CreateCoin Confidential Information.
If you purchase a Product/Service through this Site, such purchase is expressly subject to your compliance with your agreement and commitment not to sell such Product/Service in new and unused condition at a price lower than the price then offered by CreateCoin at the Site at the time of your resale. Any violation by you of the foregoing condition may result in immediate and permanent suspension or cancellation of your account and the forfeiture of any accrued CreateCoin and any amounts otherwise due to you from the Company. CreateCoin expressly reserves the right to impose additional conditions on Product/Service purchases, such as, without limitation, volume restrictions and additional retail distribution terms and conditions.
Unless otherwise stated in writing and signed by an authorized CreateCoin employee, we cannot and do not guarantee that any physical prototype provided by a User to CreateCoin will be returned or not damaged. Users provide physical prototypes to CreateCoin at their own risk, and CreateCoin does not represent or warrant the return or condition of prototypes, and disclaims any liability relating thereto.
We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or via the Services any materials that violate another party’s Intellectual Property Rights or that constitutes another Person’s Proprietary Information. Any infringing materials posted by any User can be identified and removed pursuant to CreateCoin’s Digital Millennium Copyright Act (the “DMCA”) compliance process, provided herein, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe that any Site Content infringes a copyright, please send a notice of copyright infringement containing the following information to [email protected]:
Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material; Identification of the Site Content claimed to be infringing including the specific location within the Site of the allegedly infringing Site Content; Your contact information, including address, telephone number and e-mail address, and an indication whether you are the copyright owner, or, if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner; A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and Your signature.
CreateCoin will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions: (a) reasonably determine that the allegedly infringing Site Content is not infringing, and allow the Site Content to remain, (b) contact the Person who posted the allegedly infringing Site Content concerning your notice of infringement, and/or (c) remove the allegedly infringing Site Content. By your use of this Site, you expressly agree to and accept the foregoing DMCA compliance process, acknowledge its compliance with U.S. Copyright law, and waive any and all claims against CreateCoin directly relating to, or arising from, the foregoing DMCA compliance process.
In accordance with the DMCA and other applicable law, CreateCoin has adopted a policy of terminating, in appropriate circumstances and at CreateCoin’s sole discretion, Users who are deemed to be repeat infringers. CreateCoin may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any Intellectual Property Rights, or who disclose CreateCoin Confidential Information and/or Proprietary Information of others, whether or not there is any repeat infringement or disclosure. Any amounts that may otherwise be or may become due from the Company to any User, who has submitted User Content that infringes any Intellectual Property Rights or discloses CreateCoin Confidential Information and/or Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of the Company.
CreateCoin is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Services. Although we provide rules for User conduct and postings and reserve the rights set forth in this Agreement, we are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Services.
As a condition of access to the Site and the Services, you release CreateCoin (and CreateCoin’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site; including, without limitation, any claim that another User infringes upon your Intellectual Property Rights in any User Content that you may provide. You further understand and agree that: (a) CreateCoin will have the right but not the obligation to resolve disputes between Users relating to the Services, and CreateCoin’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent CreateCoin elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Services and will not make judgments regarding legal issues or claims; (c) CreateCoin’s resolution of such disputes will be final with respect to the Site, and any allocation of CreateCoin or the allocation of any payments due to Users related to the foregoing, but will have no bearing on any real-world legal disputes in which Users of the Services may become involved; and (d) you hereby release CreateCoin (and CreateCoin’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with CreateCoin’s resolution of disputes relating to the Site or the Services.
All Data on the Company’s Servers is subject to Deletion, Alteration or Transfer
When using the Site or the Services, you may accumulate Site Content, CreateCoin, objects, items, scripts, or other value or status indicators that reside as data on the Company’s servers. THIS DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON CREATECOIN’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN CREATECOIN’S SOLE DISCRETION. Notwithstanding the foregoing, the Company will maintain back-up records related to any actual accumulated unpaid cash amounts earned by Users, and to the extent such information is deleted or otherwise altered, the Company will use its best efforts to accurately recreate such information to satisfy its payment obligations.
YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE WITH RESPECT TO USER CONTENT YOU POST ON THE SITE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH USER CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, CREATECOIN DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT OR SITE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON THE COMPANY’S SERVERS.
YOU UNDERSTAND AND AGREE THAT CREATECOIN HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY SITE CONTENT (INCLUDING YOUR USER CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITHOUT ANY LIABILITY OF ANY KIND.
All Services are Provided “as is” Without Express or Implied Warranties
CREATECOIN PROVIDES THE SITE, THE SERVICES, YOUR ACCOUNT AND ALL RELATED GOODS AND SERVICES STRICTLY ON AN “AS IS” BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Without limiting the foregoing, the Company does not warrant or guarantee that it can ensure continuous, error-free, secure or virus-free operation of the Services, the Site or your account, and you understand that you shall not be entitled to make any claim based on CreateCoin’s failure to provide any of the foregoing other than as explicitly provided in this Agreement. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.
All Services Provided and Sales Made on “as is”, no refund basis
THERE WILL BE NO REFUNDS FOR ANY REASON UNLESS OTHERWISE STATED BY THE COMPANY IN WRITING ON THIS SITE. ALL SALES MADE BY THE COMPANY ARE FINAL, MADE WITHOUT ANY GUARANTEE, STRICTLY ON AN “AS IS” BASIS, AND PROVIDED AND ACCEPTED AT YOUR OWN RISK. CREATECOIN HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BY MAKING A PURCHASE WITH THE COMPANY, YOU HAVE READ AND UNDERSTAND OUR NO REFUNDS POLICY.
CreateCoin’s liability to you is expressly limited, to the extent allowable under applicable law
IN NO EVENT SHALL CREATECOIN OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES OR THE SITE (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT THE COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL CREATECOIN’S CUMULATIVE LIABILITY TO YOU FOR DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).
Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that CreateCoin shall not be held responsible or liable for anything that occurs or results from accessing the Site or participating in the Services.
You hereby agree to defend, indemnify and hold harmless CreateCoin, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors and assigns and other Users of the Services, from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any breach of this Agreement by you, or from your use of the Services. You agree to defend, indemnify and hold harmless the Company, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third parties that your activity on the Site or your User Content (including your User Content as incorporated in a commercialized Product/Service Idea) infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
If you breach any representation, warranty, covenant, or obligation of these Terms of Service, including, but not limited to, the Prohibited Conduct provisions and your obligation of Confidentiality, or if CreateCoin in good faith and in its commercially reasonable judgment believes that you have breached any representation, warranty, covenant or obligation of these Terms of Service, then CreateCoin’s obligation to make any payments that may be owed at the time of breach or thereafter shall terminate, and CreateCoin’s obligations under these Terms of Service shall terminate, but your obligations shall remain in full force and effect.
At CreateCoin, we recognize that the protection of your personal information is a very important principle in building trust and maintaining a good relationship with you. We take the protection of your personal information very seriously.
This Privacy Notice explains what personal information we collect about you, how and why we use it, who we disclose it to, and how we protect your privacy.
Please take the time to read and understand this Notice.