1.1. WELCOME TO KREATORS.CO.UK
The Site is an online community for creative professionals. On the Site, users can access services offered by various vendors. Services include, but are not limited to, any services or content that KREATORS.COM makes available or performs for you, as well as the offering of any material displayed, transmitted, or performed on the Site.
1.2. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
These Terms and Conditions are for and between you and KREATORS.ES. The following terms and conditions, together with any documents expressly incorporated by reference (collectively, the “Terms and Conditions”), will govern your access to and use of the Services, whether as a guest or a registered user.
Your continued use of the Services after the revised Terms and Conditions are posted constitutes your acceptance of and agreement to the changes. You are expected to periodically review this page for changes, as you are bound by them.
2. ACCESS TO SERVICES AND ACCOUNT SECURITY
2.1. ACCESS TO THE SERVICES
KREATORS.COM reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that KREATORS.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Nor shall we be liable if, for any reason, the Services, either in whole or in part, are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all the Services, to users, including registered users.
We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided to you, at any time, in our sole discretion, for any reason or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
The Services may be accessed from anywhere in the world, but this does not imply that all Services, or all features of the Services, are available in your country, or that User Contributions (as defined below) available through the Services are legal in your country. KREATORS.ES may block access to certain Services (or features or content of the Services) in certain countries. You should ensure that your use of the Services is legal in your country of residence. The Services are not available in all languages.
This Site is offered and available to users of the age of majority (18 years of age) and the legal age to form a binding contract. If you are under the age of 18, you are only permitted to use the Site through an account owned by a parent or legal guardian with their permission. By using the Site, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site.
2.3. ACCOUNT SECURITY
If you choose, or we provide to you, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Services or any part thereof by means of your username, password, or other security information. You must protect your login credentials; you will be solely responsible for all activities that occur through your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You should be particularly cautious when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information. KREATORS.ES shall not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
3. USER BEHAVIOR
3.1. PROHIBITED USES
You hereby agree not to use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions, or for any other purpose not reasonably intended by KREATORS.ES. By way of example only, without limitation, you agree not to use the Services:
In a manner that violates any local, regional, national, or international law or regulation.
To (or to attempt to) mistreat, harm, harass, threaten, impersonate, or intimidate any person.
To transmit or procure the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other similar solicitation, or to obtain or collect e-mail addresses or other contact information from other users of the Services by electronic or other means for the purpose of sending unsolicited mail or other unsolicited communications.
To impersonate or attempt to impersonate KREATORS.ES+, an employee of KREATORS.ES, another user or any other person or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing), or to misrepresent your affiliation with a person or entity.
To exhibit any other behavior that restricts or inhibits any person from using or enjoying the Services, or that, as we may determine, may harm KREATORS.ES or users of the Services, or expose them to liability.
You further agree not to:
Bypass any measures we may take to prevent or restrict access to the Services.
Use the Services in any manner that could disable, overburden, damage or impair the Services, or interfere with any other party’s use of the Site, including your ability to conduct real-time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any material on the Services.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
Attempt to access without authorization, interfere with, damage, or alter any part of the Services, the server on which the Services are stored, or any service, computer or database connected to the Services or other users’ private accounts.
Attack the Services through a denial-of-service or distributed denial-of-service attack.
Attempt in any other way to interfere with the proper working of the Services.
KREATORS.ES shall have the right to remove any content that violates the Terms and Conditions or is otherwise unacceptable.
4. DISPUTES BETWEEN USERS
You agree that you are solely responsible for your interactions with any other user in connection with the Service and that KREATORS.COM shall have no liability in connection therewith. KREATORS.COM reserves the right, but has no obligation, to intervene in any way in disputes between you and any other user of the Service.
5. INTELLECTUAL PROPERTY
5.1. INTELLECTUAL PROPERTY RIGHTS OF KREATORS.ES
The Services and related features, functions, and content (including, but not limited to, information, software, text, screens, images, videos, audios, design, selection, and layout) are the property of KREATORS.ES, its licensors or other providers of such materials, and are protected under Spanish and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The KREATORS.ES name and logo, as well as all related names, logos, product and service names, designs and slogans, are trademarks of KREATORS.ES, its affiliates or licensors. You may not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Service are trademarks of their respective owners.
You must not remove or alter any copyright, trademark, or other proprietary rights notices from any material on the Site.
Using the Site in any manner not expressly permitted by these Terms and Conditions will constitute a breach of these Terms and Conditions and may violate copyright, trademark, or other laws.
Once payment has been made and the service has been obtained, in the case of photography, video or other content generated, upon contract and payment, ownership of such content will be transferred to the customer, the person contracting the service.
5.2. USER CONTRIBUTIONS
You will retain all rights and ownership of your photographs, images, videos, sounds or any other content or material you upload through the Services, have your seller profile (collectively, the “User Contributions”). KREATORS.ES does not claim any ownership rights in your User Contributions. However, by providing or uploading any User Contributions you hereby grant KREATORS. ES , its affiliated companies and its service providers (and each of their respective licensors, successors and assigns) a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sub-licensable, perpetual, irrevocable license to copy, reproduce, upload, store, distribute (through multiple tiers of distribution and partnerships), modify, adapt, reproduce and publicly display, publish, use and fully exploit such User Contribution in any media, form, technology or method of distribution now known or hereafter developed, and for any purpose (commercial or otherwise). KREATORS.ES will always credit you for the use of your User Contributions. To terminate this license at any time, remove your User Contributions from the Services. To the extent reasonable, KREATORS.ES will remove such content from the Services should you choose to remove it, but you should be aware that caching or references to such content may not be made immediately unavailable.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, opinions or other information relevant to the Service (“Submissions”) that you provide to KREATORS.ES, its affiliated companies and its service providers (and each of their respective licensors, successors and assigns) and other users, visitors and faculty of KREATORS. ES shall be non-confidential and that such parties shall be authorized to use and disseminate these Submissions without restriction and in perpetuity for any purpose whatsoever, commercial, or otherwise, in any manner and in any media without any acknowledgment or compensation to you.
You understand and acknowledge that you are responsible for all User Contributions and all Submissions that you submit or contribute and you, not KREATORS.COM, are entirely responsible for such content, including its legality, reliability, accuracy, and appropriateness.
KREATORS.COM is not responsible to anyone for the content or accuracy of any User Contribution or Submission posted by you or any other user of the Services (including, without limitation, for any errors or omissions in any content or for any loss or damage of any kind caused using any such content). You acknowledge that KREATORS.ES does not pre-screen content and that KREATORS.ES and its designees shall have the right (but not the obligation), in their sole discretion, to refuse or remove any content available through the Services. Without limiting the foregoing, KREATORS.ES and its designees shall have the right to remove any content that violates these Terms and Conditions or that KREATORS.ES deems, in its sole discretion, to be otherwise unacceptable.
We have no obligation to retain any User Contributions that you have posted for any period of time beyond that required by applicable law.
You also understand and acknowledge that third parties may unlawfully copy, without your or our consent, your User Contributions posted on the Services despite our reasonable efforts to prevent such unlawful activities. You agree and understand that KREATORS.COM shall not be liable to you for any illegal copying of your User Contributions.
5.3. COMPLAINTS AND COUNTER-COMPLAINTS RELATED TO COPYRIGHTS
KREATORS.COM respects the intellectual property of others and we ask our users to do the same. We have adopted the following policy regarding copyright infringement in connection with the Services in accordance with The EU copyright legislation.
If you believe in good faith that content is being hosted on the Site that infringes your copyright, we request that you notify us by sending a notice to our copyright agent at socialmedia@Kreators.es. Your notice must include ALL of the following information:
Identification of the copyrighted work(s) that is the subject of the claimed copyright infringement.
Identification of the material that is claimed to be infringing and the subject of the claim, and information reasonably sufficient to permit us to locate the material (i.e., the URL).
Contact information so that we may contact you (address, telephone number, and email address).
A statement by you that you have a good faith belief that neither the copyright owner, its agent nor the law authorizes use of the material in the manner complained of.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
KREATORS.ES will respond promptly to valid requests. In all cases, if you do not hear from us within 14 days of filing the complaint, please contact us via our contact email and we will respond as soon as possible.
After removing access to the material, pursuant to a valid notice, KREATORS.ES will immediately notify the user responsible for the allegedly infringing material that it has removed or disabled access to the material. KREATORS.COM reserves the right, in its sole discretion, to immediately terminate the account of any member who repeatedly receives notices of copyright infringement.
If you believe that KREATORS.ES has removed or disabled access to your content as a result of an improper copyright infringement notice, please send our copyright agent (contact information is listed above) a written counter-notice containing the following information:
A description of the inappropriately removed work, along with your username and the location on the Site where the content was displayed before it was removed or disabled.
Contact information so we can get in touch with you (address, phone number and email address).
A statement, under penalty of perjury and signed by you, that you have a good faith belief that the material has been removed or disabled as a result of mistake or misidentification.
Before you file a counter-notice, think carefully about whether your use of the copyrighted material in question has caused infringement, as you may have to bear costs and attorneys’ fees if the court finds that your counter-notice misrepresents that the material was removed in error.
Upon receipt of a valid counter-notice, KREATORS.ES will forward it to the party that submitted the notice. That party (or the copyright owner that such party represents) will have ten (10) days to notify us that it has filed a legal action concerning the allegedly infringing material. If KREATORS.COM does not receive such notification within ten (10) days, we may restore the material on the Services.
6. SUPERVISION AND ENFORCEMENT; TERMINATION
KREATORS.COM has the right to:
Withdraw any User Contribution or Submission for any or no reason, and in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material you have posted violates their rights, including their intellectual property or privacy rights.
Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to the Services, in whole or in part, for any or no reason, including, without limitation, (i) any breach of these Terms and Conditions, (ii) non-payment of any amounts owed by you, (iii) the filing of fraudulent chargeback requests, (iv) if we suspect that you are involved in fraudulent or illegal activities, or (v) for any other reason, in our sole reasonable discretion.
You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be effective without prior notice and acknowledge and agree that KREATORS.ES may immediately deactivate or delete your account and all related information and account files, or bar any further access to such files or the Service. You further agree that KREATORS.ES shall not be liable to you or to any third party for any termination of your access to the Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND RELEASE THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE ABOVE PARTIES OR AS A RESULT OF THEIR INVESTIGATIONS, AND FROM ANY ACTION TAKEN AS A RESULT OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Service, nor can we ensure prompt removal of objectionable material once posted. Accordingly, we assume no responsibility or liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability to anyone for the performance or non-performance of the activities described in this section.
7. RELIANCE ON PUBLISHED INFORMATION
The information presented on or through the Services is made available for general information purposes only. We do not warrant that this information is accurate, complete or useful. You must rely on this information strictly at your own risk. We disclaim any liability arising from any reliance placed on these materials by you, any other visitor to the Services or any person who may be informed of any of its contents.
The Services may include content provided by third parties, including materials provided by other users, blog owners, licensors, syndicators, aggregators or reporting services. KREATORS.COM has not reviewed, and cannot review, all materials posted on the Services. All statements or opinions expressed in these materials, and all articles, answers to questions and other content, other than content provided by KREATORS.ES, are solely the opinions and the responsibility of the person or entity providing these materials. These materials do not necessarily reflect the opinion of KREATORS.COM. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party.
8. LINKING TO SOCIAL NETWORKING SERVICES AND FEATURES
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish any link in a way that suggests any form of association, approval, or endorsement by us without our express written consent.
The Services may provide certain social networking features that allow you to:
Link from your own website, or that of certain third parties, to certain content on this Site.
Send emails or other communications containing certain content, or links to certain content, from this Site.
Cause limited portions of content from this Site to be displayed on your own or certain third-party websites.
You may use these features only as we provide them and only in connection with the content with which they are displayed. In consideration of the foregoing, you must not:
Establish any links to your social media or other platforms. Similarly disclose any information that would allow to identify you outside the Site (name, pseudonym, etc.) Both customer and sellers agree to this not to disclose this information.
Have the Site, or parts of it, displayed on any other site, though, for example, integration via frames or the establishment of deep or in-line links.
Link to any part of the Site other than the home page.
Please remember that the manner in which social networking services use, store and disclose your information is governed solely by the policies of such third parties and that KREATORS.ES shall have no responsibility or liability for the privacy practices or other actions of any third-party site or service that may be enabled on the Service.
Further, KREATORS.ES is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with social networking services. Accordingly, KREATORS.ES is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, such social networking services. KREATORS.ES enables these features merely as a convenience, and the integration or inclusion of such features does not imply any endorsement or recommendation.
You agree to cooperate with us immediately to stop unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.
We may disable any or all social networking features and any links at any time without notice in our sole discretion.
9. LINKS FROM THE SERVICES
If we, or third parties, provide links to other third-party sites and resources, these links are provided solely for your convenience. Examples may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from the Services, you do so entirely at your own risk and in accordance with the Terms and Conditions of such websites. KREATORS.ES reserves the right to remove any links provided by third parties on the Services.
In order to use the Services offered by KREATORS.COM you must pay a fee. You agree to pay the fees for the content you purchase and authorize KREATORS.ES to charge you for the Services using the payment method you select. Fees will be charged whether or not you use the Services purchased. You are responsible for promptly paying all fees charged by KREATORS.ES, as well as any applicable taxes. We reserve the right to disable or withdraw access to any content for which we have not received proper payment.
Fees may vary depending on your location and other factors. If you are logged into your account, the currency you will see selected will be based on your location at the time you create your account. However, the final fees we charge you will always be calculated in EUROS; therefore, such final fees may vary based on the prevailing currency exchange rates offered by our payment providers.
From time to time, we run promotions and rebates for our content, in which certain content is available at discounted prices for a certain period of time. The price applicable to the content will be the price at the time you purchased the content.
You will provide KREATORS.ES with your credit card or other payment instrument information. You represent and warrant that (a) this information is true, accurate, current and complete, and that you are authorized to use this payment instrument, and (b) you will maintain and promptly update this information to keep it true, accurate, current and complete. You agree that KREATORS.ES may update your payment methods with information provided to us by our payment service providers and you authorize us to continue to charge the fees in effect for your updated payment method.
KREATORS.ES reserves the right, at any time, to change any fees or to begin charging any Service heretofore free of charge, in its sole discretion. Any such change, update or modification will be effective immediately upon posting through the relevant Services (such changes will not apply to fees paid prior to making such changes).
Please note that due to mobile platform providers’ pricing systems and policies, it is possible that, on occasion, the price of content offered on the KREATORS.ES website may not be the same as the price offered on our mobile applications.
11. RESOLUCIÓN DE CONFLICTOS
Con carácter general. En interés de resolver los conflictos entre usted y KREATORS.ES de la manera más conveniente y rentable, usted y KREATORS.ES aceptan que cualquier conflicto que surja de, o esté relacionado de cualquier manera con, estos Términos y Condiciones, su uso del Sitio o de los Servicios, o de la compra, el recibo o el pedido de compra se resolverá mediante arbitraje vinculante. El arbitraje es menos formal que un proceso judicial en un tribunal. En el arbitraje interviene un árbitro neutral en lugar de un juez o un jurado; los árbitros pueden fallar sobre los mismos perjuicios y compensaciones que un tribunal. ENTIENDE Y ACEPTA QUE, AL ASUMIR ESTAS CONDICIONES, RENUNCIA AL DERECHO DE CELEBRAR UN JUICIO POR JURADO O DE PARTICIPAR EN UNA DEMANDA COLECTIVA.
Excepciones. A pesar de las estipulaciones de la sección anterior titulada «Con carácter general», ninguna parte de estos Términos y Condiciones se considerará una renuncia, impedirá o limitará de cualquier otra manera el derecho de cualquiera de las partes a: (a) reclamar una acción ejecutiva a través de la agencia federal, estatal o local aplicable si dicha acción está disponible; (b) solicitar una orden judicial en un juzgado; o (c) presentar una demanda en un juzgado para realizar una reclamación de vulneración de la propiedad intelectual.
Sin demandas colectivas. USTED Y KREATORS.ES ACEPTAN QUE CADA PARTE PUEDE PRESENTAR RECLAMACIONES CONTRA LA OTRA SOLO EN SU CAPACIDAD INDIVIDUAL Y NO COMO DEMANDANTE O MIEMBRO DE UNA DEMANDA COLECTIVA EN CUALQUIER PROCESO PRESUNTAMENTE COLECTIVO O REPRESENTATIVO. Además, salvo que tanto usted como KREATORS.ES acuerden lo contrario, el árbitro no puede consolidar las reclamaciones de más de una persona ni presidir cualquier forma de proceso representativo o colectivo.
Modificaciones de esta estipulación de arbitraje. Si KREATORS.ES introduce cualquier cambio futuro en esta estipulación de arbitraje, aparte de un cambio en la dirección de KREATORS.ES para enviar avisos, puede rechazar dicho cambio mediante un aviso por escrito en un plazo de 30 días a partir de la fecha del cambio a la dirección de KREATORS.ES para enviar avisos, en cuyo caso esta estipulación de arbitraje, en vigor inmediatamente antes de los cambios que usted haya rechazado, seguirá rigiendo cualquier conflicto entre usted y KREATORS.ES .
Ejecución. Si la sección titulada «Sin demandas colectivas» o la totalidad de esta sección no se pueden ejecutar, toda esta sección se considerará nula y no válida, y en este caso tanto usted como KREATORS.ES acuerdan que la jurisdicción y el lugar exclusivos indicados directamente a continuación regirán cualquier acción que surja de, o esté en relación con, estos Términos y Condiciones o su uso o acceso al Sitio, a los Servicios o a la compra, al recibo o al pedido de compra de un curso.
12. TIME LIMITATION ON ASSERTING CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER ASSERTION OF THE CAUSE OF ACTION; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM WILL BE PERMANENTLY BARRED.
13. WAIVER AND SEVERABILITY
No waiver by KREATORS.ES of any condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such condition or a waiver of any other condition, and KREATORS.ES’s failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If a court or other court of competent jurisdiction declares any provision of these Terms and Conditions to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the other provisions of the Terms and Conditions shall continue to be effective and enforceable.
14. NO THIRD-PARTY BENEFICIARIES AND ASSIGNMENT
15. ENTIRE AGREEMENT
The Terms and Conditions constitute the entire and only agreement between you and KREATORS.ES with respect to the Services and supersede all covenants, representations, warranties, and agreements, both written and oral, relating to the Services.
Any version of these Terms and Conditions in a language other than English is provided for your convenience, and you understand and agree that the English version shall prevail in the event of any conflict.