Gimme Creative, Inc. (Gimme Creative) provides a collection of social media marketing, third-party website development and management services and resources (the "Services"). The following are the terms and conditions for use of the Services, along with any amendments thereto and any operating rules or policies that may be published from time to time by Gimme Creative.
1.1 The Services are provided subject to the following terms and conditions and any operating policies that Gimme Creative may establish (the "Agreement"). Gimme Creative may make changes to this Agreement, and continued use of the Service constitutes Customer's acceptance of any such changes. In addition, when using particular Gimme Creative services, Customer and Gimme Creative shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 By engaging Gimme Creative's Services, Customer warrants and represents they can form a legally binding contract under applicable law.
1.4 The Services provides a collection of social media marketing, third-party website development and management services and resources.
1.5 Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an e-mail address and password for Customer's Gimme Creative account. Customer is responsible for maintaining the security of the Customer account(s), passwords, and files, and for all uses of Customer's account and of the Services in Customer's name. Gimme Creative reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
1.6 Customer Feedback. Customer will act diligently and promptly to respond to any request by Gimme Creative for Customer's feedback. Unless expressly stated otherwise, the timeframe for Customer to provide feedback to a request by Gimme Creative is seventy-two (72) hours from the time the request for feedback is made. A request for feedback may be made verbally or through any median of written communication. Customer's failure to provide timely feedback is cause for termination of Services.
2.1 This is an Agreement for Services. Customer is not granted a license to any software or any intellectual property rights by virtue of this Agreement or the Services provided hereunder by Gimme Creative or any other Third-Party.
2.2 Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Gimme Creative's privacy policies as published or otherwise furnished to Customer (the "Policy") and all applicable laws (including but not limited to policies and laws related to copyright, spamming, privacy, obscenity, or defamation). Customer may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. Customer hereby agrees to indemnify and hold harmless Gimme Creative against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Gimme Creative has no obligation to monitor the content provided by Customer or Customer's use of the Services, Gimme Creative may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.3 For every e-mail or posted message sent in connection with the Services, Customer acknowledges and agrees that the recipient(s) has agreed to receive such communication and that Customer shall not engage in the act of sending unsolicited emails.
2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to Gimme Creative. Gimme Creative may use this information and any technical information about Customer's use of the Services to tailor its services or presentations to Customer, facilitate Customer's movement through this web site or other social media website, or communicate separately with Customer. Gimme Creative will not provide information to companies Customer has not authorized, and Gimme Creative will not permit the companies that get such information to sell and redistribute it without Customer's prior consent.
3.1 Customer may terminate this Agreement at any time by sending an e-mail message to firstname.lastname@example.org or by sending written notice to Gimme Creative, Inc. at 486 West 50 North, American Fork, Utah 84003.
3.2 Gimme Creative may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Gimme Creative shall have no liability to Customer or any third party because of such termination.
3.3 Upon termination for any reason, Gimme Creative may delete any Customer archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
3.4 If Customer does not log into its account for more than 90 days, the account may become inactive. When an account is classified (at Gimme Creative's sole discretion) as inactive, Gimme Creative will notify Customer by e-mail. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS DATA MAY BE PERMANENTLY REMOVED FROM THE DATABASE.
CUSTOMER USES THE SERVICES AT ITS OWN RISK. Gimme Creative DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND Gimme Creative DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY Gimme Creative, Gimme Creative AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF Gimme Creative HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer may not remove or export from Utah or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
7.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
7.2 Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
7.3 No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind Gimme Creative in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys fees.
7.5 This Agreement shall be governed by the laws of the State of Utah, United States of America without regard to any conflict of laws provisions.
7.6 Gimme Creative reserve the right to modify its pricing and will notify Customer by email when this occurs.
8.1 Term of Service. The term of Customer's engagement of Gimme Creative for the Services commences upon Customer's acceptance of these Terms and terminates as set forth above.
8.2 Payment. Customer agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by Gimme Creative from time to time.
8.3 Cancellations and Refunds. Gimme Creative does not provide a money back guarantee for Services under any circumstances.
8.4 Prohibited Offerings. No Customer may utilize the Services to promote, provide, sell or offer to sell the following: replica or products; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.
8.5 Profanity. Profanity or profane subject matter in Customer site content and in the domain name are prohibited.
8.6 Private Information and Images. Customers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor).
8.7 Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. By supplying Gimme Creative with any photos, depictions, software or any other work or content subject to intellectual property rights, Customer warrants and represents that it owns all intellectual property relevant to such works or content supplied. Gimme Creative is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
8.8 Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
8.9 Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
8.10 Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
8.11 Anonymous Proxies. Gimme Creative does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.
8.12 Export Control Violations. The exportation of encryption software outside of the United States of America and/or violations of the United States of America law relating to the exportation of software is prohibited. Customer may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States of America without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by the United States of America federal, state or local law, or by any other applicable law.
8.13 Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. Gimme Creative is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
8.14 Other Illegal Activities. The use of the Services to engage in any activity that is determined by Gimme Creative, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Gimme Creative will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
8.15 Backup Storage. Gimme Creative offers its Services to provide a collection of social media marketing, third-party website development and management services and resources, not to store data. Using a Gimme Creative login account as an online storage space for archiving electronic files is prohibited and will result in termination of services without prior notice.
8.16 Other Activities. Engaging in any activity that, in Gimme Creative's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Gimme Creative's business, operations, reputation, goodwill, Customers and/or Customer relations, or the ability of Gimme Creative's Customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Customer to cooperate with Gimme Creative in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the Customer constitutes a violation of these Terms by Customer.
8.17 COPYRIGHT NOTICE INFRINGEMENT INFORMATION. In accordance with the Digital Millennium Copyright Act, Gimme Creative has adopted a policy that provides for termination of fanpages or websites hosted by Gimme Creative that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website or fanpage created for Customer or hosted for Customer by Gimme Creative or a Gimme Creative subsidiary, and the copyright holder wants Gimme Creative to remove the website or disable the material in question, Gimme Creative will remove the website or disable the material if the copyright holder provides us with all of the following information.
A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
8.18 Backups. For its own operational efficiencies and purposes, Gimme Creative from time to time backs up data on its servers, but is under no obligation or duty to Customer to do so under these Terms. IT IS SOLELY CUSTOMER'S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER'S FILES AND DATA ON GIMME CREATIVE ITS OWN SERVERS, AND under no circumstance will Gimme Creative be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customer's FILES AND/or data on any Gimme Creative server.
8.19 Governing Law. These Terms shall be governed by the laws of the State of Utah without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Gimme Creative, Customer agrees that all disputes, if any, involving Gimme Creative shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of Utah; provided, further, that all action brought against Gimme Creative in State Court must be brought in the Fourth District Court, Utah County Provo Division, State of Utah. Customer hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Gimme Creative. Customer hereby waives any and all objections that it has or might have, known or unknown, whether under the State of Utah's long arm statute or otherwise, to the existence of said in personam jurisdiction. Customer agrees that it has no right to and shall not file or otherwise bring a lawsuit against Gimme Creative outside the State of Utah; and, that Customer, if involved before a court in a lawsuit outside of the State of Utah, shall be deemed to support and to stipulate to a motion made by Gimme Creative to dismiss said lawsuit with respect to Gimme Creative.
8.20 Warranty Disclaimer. YOU, THE CUSTOMER, ACKNOWLEDGE THAT THE SERVICES, INCLUDING HOSTING, WEBSITE, OR SOFTWARE, IF ANY, ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. GIMME CREATIVE HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY GIMME CREATIVE OR GIMME CREATIVE'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, CUSTOMER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. GIMME CREATIVE DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. GIMME CREATIVE DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. GIMME CREATIVE DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE, HOSTING, WEBSITE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE, HOSTING, WEBSITE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR GIMME CREATIVE IN PARTICULAR.
8.21 Limitations on Gimme Creative's Liability. GIMME CREATIVE SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL GIMME CREATIVE BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT GIMME CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. GIMME CREATIVE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. GIMME CREATIVE'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF CUSTOMER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL GIMME CREATIVE'S LIABILITY TO YOU, THE CUSTOMER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE CUSTOMER, TO GIMME CREATIVE FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE CUSTOMER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, GIMME CREATIVE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8.22 Indemnification of Gimme Creative. You, the Customer, agree to defend, indemnify and hold Gimme Creative, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Gimme Creative's own gross negligence or willful misconduct. Gimme Creative reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Customer.
8.23 Waiver. No waiver by Gimme Creative of any default by Customer under this Agreement shall operate as a waiver of any other default or of the same default on a future occasion by Customer.
This is the web site of Gimme Creative, Inc. of 486 West 50 North, American Fork, Utah 84003.
We can be reached via e-mail at email@example.com or you can reach us by telephone at 1-877-237-4037.
If you do not want to receive e-mail communications from us in the future, please let us know by sending us an e-mail at the above address. If you supply us with your postal address on-line you will only receive the information for which you provided us your address. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding orders they have placed on-line.
Gimme Creative does not partner with or have special relationships with any ad server companies.
We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO GIMME CREATIVE SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR ACCOUNT AND SERVICES. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.