Last Revised: June 20th 2023

1. ACCEPTANCE OF TERMS

These Terms and Conditions represent a binding legal agreement between you, either as an individual or on behalf of an entity ("you"), and Creative Freedom Team Limited ("Company", “we”, “us”, or “our”), regarding your access and use of our http://www.creativefreedom.app website and any other related or linked media form, media channel, mobile website, or mobile application (collectively known as the “Site”). Our registered office is located at 20-22 Wenlock Road, London  N1 7GU, England. By accessing the Site, you acknowledge that you have read, understood, and agree to adhere to these Terms and Conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CEASE USING THE SITE IMMEDIATELY. 

Any additional terms and conditions or documents that might be posted on the Site periodically are hereby integrated by reference. We reserve the right to revise these Terms and Conditions at our discretion. Any changes will be signified by an updated “Last Revised” date, and you waive the right to receive explicit notification of such changes. We advise that you review these Terms each time you use our Site to stay informed about the applicable rules. Your continued use of the Site following any revision signifies your acceptance of the modified Terms and Conditions.

The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would violate the law or require us to register within such jurisdiction or country. Therefore, those individuals who choose to access the Site from other locations do so of their own accord and are solely responsible for compliance with local laws, if and as applicable.

The Site does not aim to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions are subject to such laws, you are prohibited from using this Site. The Site should not be used in any manner that would breach the Gramm-Leach-Bliley Act (GLBA).

The Site is designed for users who are at least 18 years old. Individuals under the age of 18 are not allowed to use or register for the Site. 

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specified, the Site is our exclusive property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. These are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as explicitly provided in these Terms and Conditions, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Assuming you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. 

3. USER OBLIGATIONS 

By accessing the Site, you affirm and warrant that: (1) you will provide registration information that is true, accurate, current, and complete; (2) you will uphold the accuracy of such information and promptly amend your registration details as necessary; (3) you possess the legal capacity and agree to adhere to these Terms and Conditions; (4) you are not underage in your jurisdiction of residence; (5) you will not use automated or non-human methods to access the Site, such as bots or scripts; (6) your use of the Site will not be for illegal or unauthorized purposes; and (7) your activities on the Site will not infract any relevant laws or regulations.

Should you provide information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and decline any and all present or future use of the Site (or any segment thereof).

4. ACCOUNT REGISTRATION

You might be required to register with the Site. You commit to maintaining the confidentiality of your password and are accountable for all activities linked to your account and password. We retain the right to change, reclaim, or remove a username you select if we deem it inappropriate, obscene, or otherwise objectionable at our sole discretion.

5. PAYMENT AND FEES 

We accept payment through the following methods:

-  Visa

-  Mastercard

-  Stripe

You might need to pay a fee or make a purchase to access certain services on our Site. You agree to provide current, complete, and accurate purchase and account details for all transactions on the Site. You also agree to promptly update account and payment details, such as your email address, payment method, and payment card expiry date, enabling us to complete your transactions and communicate with you as required. Billing for purchases made via the Site is conducted through an online billing account. We may add sales tax to the price of purchases if we deem it necessary. We reserve the right to change prices at any time. All payments should be in GBP £. 

By initiating a purchase, you agree to pay all charges or fees at the prices then in effect, and you authorize us to charge your selected payment provider for such amounts. If your purchase entails recurring charges, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel your account.

We reserve the right to rectify any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to reject any order placed through the Site.

6. SUBSCRIPTION TERMINATION

All transactions are non-refundable. You can cancel your subscription anytime by accessing your account. The cancellation will take effect following the end of the ongoing paid period. 

In case of dissatisfaction with our services, please communicate with us via email at info@creativefreedom.app.

7. UNACCEPTABLE USE

The Site should only be accessed or used for its intended purpose as we have made it available. The Site may not be employed for any commercial pursuits unless they are expressly endorsed or approved by us. 

As a Site user, you are prohibited from the following:

- Utilizing the Site to retrieve data or other content systematically to compile a collection, compilation, database, or directory without our written consent.

- Deceiving us or other users, specifically in attempts to acquire sensitive account information, such as user passwords.

- Bypassing or interfering with security features of the Site, including those that prevent or restrict content use or copying, or enforce limitations on the Site and/or its content.

- Discrediting or causing harm, as we see fit, to us and/or the Site.

- Employing information obtained from the Site to harass, abuse, or harm others.

- Misusing our support services or submitting false reports of abuse or misconduct.

- Using the Site inconsistently with any relevant laws or regulations.

- Framing or linking to the Site without authorization.

- Transmitting or attempting to transmit materials that disrupt the Site's operation or users' enjoyment, including viruses, excessive capital letters, spam, or Trojan horses.

- Engaging in automated use of the system, such as using scripts for comments or messages, or employing data mining, robots, or similar data collection/extraction tools.

- Deleting copyright or other proprietary rights notice from any content.

- Impersonating another user or using another user's username.

- Transmitting or attempting to transmit any material acting as a passive or active information collection or transmission mechanism, including "gifs", 1×1 pixels, web bugs, cookies, or similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

- Disrupting or placing undue burden on the Site or the networks or services connected to the Site.

- Harassing, annoying, intimidating, or threatening any of our employees or agents involved in providing any portion of the Site to you.

- Bypassing any measures of the Site designed to prevent or restrict access to the Site, or any part of it.

- Copying or adapting the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

- Using any automated system not authorized by us or launching any unauthorized script or other software.

- Using a buying agent or purchasing agent to conduct purchases on the Site.

- Making any unauthorized use of the Site, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited emails or creating user accounts by automated means or under false pretences.

- Using the Site as part of an effort to compete with us or to utilize the Site and/or its content for any revenue-generating activity or commercial enterprise.

- Using the Site to advertise or sell goods and services.

- Selling or otherwise transferring your profile.

8. USER-GENERATED CONTENT 

The Site may offer opportunities for you to create, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including text, videos, audio, photos, graphics, comments, suggestions, personal information, or other materials (collectively, "Contributions"). As Contributions may be viewable by other users and third-party websites, any Contributions you transmit may be deemed non-confidential and non-proprietary. By creating or providing any Contributions, you thereby represent and warrant that: 

9. CONTRIBUTION LICENSE

When you post your Contributions on any part of the Site, or when you make Contributions accessible to the Site by linking your account from the Site to any of your social media accounts, you automatically grant us a comprehensive, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide license. This license gives us the right and license to host, use, duplicate, disclose, sell, republish, broadcast, retitle, archive, store, publicly perform, publicly display, reformat, translate, excerpt, and distribute such Contributions (including, without limitation, your image and voice). This license also allows us to use and prepare derivative works of these Contributions, and to grant and authorize sublicenses of the foregoing in any media formats and through any media channels.

This license extends to any form, media, or technology currently known or developed in the future, and includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images that you provide. You waive all moral rights in your Contributions and affirm that these rights have not been asserted in your Contributions.  

While we have the right to use your Contributions as described above, we do not claim any ownership of your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not responsible for any statements or representations in your Contributions provided by you anywhere on the Site. You bear sole responsibility for your Contributions to the Site and you agree to absolve us from any and all liability and to refrain from any legal action against us regarding your Contributions.

We reserve the right to edit, reclassify, or remove any Contributions at our sole discretion, at any time, for any reason, without notice. We are under no obligation to monitor your Contributions.

10. REVIEW GUIDELINES

We may provide you with areas on the Site where you can post reviews or ratings. When posting a review, you must adhere to the following criteria: (1) you must have firsthand experience with the person/entity being reviewed; (2) your reviews must not contain offensive or abusive language, or any form of hate speech; (3) your reviews must not contain discriminatory references based on religion, race, gender, nationality, age, marital status, sexual orientation, or disability; (4) your reviews must not reference illegal activities; (5) you should not be affiliated with competitors when posting negative reviews; (6) you should not make any conclusions about the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not orchestrate a campaign encouraging others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our sole discretion. We are not obligated to screen reviews or delete reviews, even if some people might find them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume responsibility for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute all content related to reviews.

11. LICENSE FOR MOBILE APPLICATION USAGE 

Terms of Use

If you access our Site through a mobile application, we grant you a temporary, non-exclusive, non-transferable, limited privilege to install and use the mobile application on devices that you own or control. Your use of the mobile application must comply fully with the terms and conditions contained within these Terms and Conditions. The following restrictions apply to your use of the application:

1. You are not allowed to decompile, reverse engineer, disassemble, attempt to extract the source code, or decrypt the application, except as permitted by relevant laws.

2. You may not modify, adapt, improve, enhance, translate, or create any derivative work from the application.

3. Your access and use of the application must not violate any applicable laws, rules, or regulations.

4. You may not remove, change, or obscure any proprietary notice (including copyright or trademark notices) posted by us or the licensors of the application.

5. You cannot use the application for any income-generating activity, commercial enterprise, or for purposes that it was not designed for.

6. You may not make the application available over a network or other environment that allows use or access by multiple devices or users simultaneously.

7. The application cannot be used to create a product, service, or software that competes with, or serves as a substitute for, the application, either directly or indirectly.

8. You are prohibited from using the application to send automated queries to any website, or to send any unsolicited commercial emails.

9. You may not use any of our proprietary information, interfaces, or other intellectual property in the design, development, production, licensing, or distribution of any applications, accessories, or devices for use with the application.

12. SOCIAL MEDIA 

The functionality of the Site allows you to link your account with online accounts you maintain with third-party service providers ("Third-Party Accounts") by either: (1) giving your Third-Party Account login information via the Site, or (2) enabling us to access your Third-Party Account under the applicable terms and conditions governing your use of each Third-Party Account. You assert and affirm that you can disclose your Third-Party Account login information to us and/or allow us access to your Third-Party Account without violating any of the terms and conditions that regulate your use of the applicable Third-Party Account, and without requiring us to pay any fees or subjecting us to any usage limits imposed by the third-party service provider of the Third-Party Account. By letting us access your Third-Party Accounts, you understand that (1) we may access, make available, and store any content you've provided to and stored in your Third-Party Account ("Social Network Content") for it to be available on and through the Site via your account, and (2) we may submit and receive additional information from your Third-Party Account as long as you are notified when you link your account with the Third-Party Account. Personal information that you post to your Third-Party Accounts may be available on and through your account on the Site depending on the Third-Party Accounts you select and the privacy settings you have in those accounts. Remember that if a Third-Party Account or related service becomes unavailable or if our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Site. You have the ability to disconnect your account on the Site from your Third-Party Accounts at any time. Please be aware that your relationship with the third-party service providers associated with your Third-Party Accounts is solely governed by your agreements with them. We make no attempt to review any Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

13. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site ("Submissions") provided by you to us are non-confidential and will become our exclusive property. We will have sole ownership, including all intellectual property rights, and can freely use and distribute these Submissions for any lawful purpose without acknowledging you or providing compensation. You waive all moral rights in your Submissions and affirm that they are original or that you have the right to make such Submissions. You agree there will be no action against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

14. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites ("Third-Party Websites") and content from third parties ("Third-Party Content"). We do not investigate, monitor, or check the accuracy, appropriateness, or completeness of any Third-Party Websites or Third-Party Content, and we are not responsible for any of these. This includes their content, accuracy, offensiveness, opinions, reliability, privacy practices, or policies. Linking or allowing the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and should be aware that these Terms and Conditions no longer apply. You should review the terms and policies, including privacy and data gathering practices, of any website you visit from the Site or relating to any applications you use or install from the Site. We are not responsible for any purchases made through Third-Party Websites. Such transactions are solely between you and the applicable third party. You acknowledge that we do not endorse the products or services offered on Third-Party Websites and you agree to hold us harmless from any harm resulting from your purchase of such products or services. Moreover, you agree to hold us harmless from any losses or harm you sustain or incur related to or in any way resulting from any Third-Party Content or your contact with Third-Party Websites.

20. GOVERNING LAW

These terms and conditions are governed by and interpreted in accordance with the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you usually reside in the EU and are a consumer, you also have the protection afforded by the mandatory provisions of the law in your country of residence. Both Creative Freedom Team Limited and you agree to submit to the non-exclusive jurisdiction of the courts of England & Wales. This means that you may file a claim to protect your consumer rights in relation to these Terms and Conditions in the United Kingdom, or in the EU country where you live.

21. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. 

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United Kingdom. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United Kingdom, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

22. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

23. DISCLAIMER

The Site is provided on an 'as-is' and 'as-available' basis. You agree that your use of the Site and our services will be solely at your own risk. To the maximum extent permitted by law, we disclaim all warranties, either express or implied, related to the Site and your use of it, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy, completeness, or reliability of the Site's content or the content of any websites linked to the Site. We bear no liability or responsibility for:

1. Any inaccuracies, errors or omissions in content and materials.

2. Any personal injury or property damage arising from your access to and use of the Site.

3. Any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.

4. Any interruption or cessation of transmission to or from the Site.

5. Any malicious software such as bugs, viruses, Trojan horses, etc., that may be transmitted to or through the Site by any third party.

6. Any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted or transmitted via the Site.

We do not warrant, endorse, guarantee, or take responsibility for any product or service advertised or offered by a third party through the Site, any linked website, or any website or mobile application in any banner or other advertising. We will not be involved in or responsible for monitoring any transaction between you and third-party providers of products or services. As always, use your best judgment and exercise caution when necessary.

24. LIMITATION OF LIABILITY

Under no circumstances shall we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to, loss of profits, loss of revenue, loss of data or any other damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

25. INDEMNIFICATION

You agree to protect, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) violation of these Terms and Conditions; (4) any breach of your promises and warranties outlined in these Terms and Conditions; (5) your infringement of the rights of a third party, including but not limited to intellectual property rights; or (6) any explicit harmful act towards another user of the Site with whom you connected via the Site. Despite the foregoing, we reserve the right, at your cost, to take exclusive control and defense of any matter for which you are required to indemnify us, and you agree to collaborate, at your expense, with our defense of these claims. We will make reasonable efforts to inform you of any such claim, action, or proceeding subject to this indemnification as soon as we become aware of it.

26. USER DATA

We will retain certain information that you transmit to the Site for the purpose of managing the Site's performance, as well as data relating to your use of the Site. Even though we perform regular routine backups of data, you are solely responsible for all data that you transmit or that pertains to any activity you have undertaken using the Site. You agree that we shall bear no liability to you for any loss or corruption of any such data, and you hereby relinquish any right of action against us arising from any such loss or corruption of such data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 

Your visit to the Site, your sending us emails, and your completion of online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all contracts, notices, disclosures, and other communications we provide to you electronically, via email or on the Site, meet any legal requirement that such communication be in writing. YOU HEREWITH CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means. 

28. CALIFORNIA USERS AND RESIDENTS

If you're not satisfied with how we've handled any complaint, you may reach out to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can do so by writing to them at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by calling (800) 952-5210 or (916) 445-1254.

29. MISCELLANEOUS

These Terms and Conditions, along with any policies or operating rules we post on the Site concerning the Site, comprise the entire agreement and understanding between you and us. If we fail to enforce any right or provision of these Terms and Conditions, it should not be seen as a waiver of that right or provision. These Terms and Conditions are operational to the fullest extent allowed by law. We reserve the right to assign any or all of our rights and obligations to others at any time. We aren't responsible or liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control. If any clause or part of a clause in these Terms and Conditions is determined to be unlawful, void, or unenforceable, that clause or part of the clause is considered separable from these Terms and Conditions and doesn't impact the validity and enforceability of the remaining provisions. No joint venture, partnership, employment or agency relationship is created between you and us as a result of these Terms and Conditions or your use of the Site. These Terms and Conditions will not be interpreted against us simply because we drafted them. You hereby waive any defenses you may have due to the electronic format of these Terms and Conditions and the lack of a physical signature from both parties to execute these Terms and Conditions.

30. CONTACT US

If you need to resolve a complaint about the Site, or if you want more information about using the Site, please get in touch with us at:

Creative Freedom Team Limited

20-22 Wenlock Road

London  N1 7GU

England

info@creativefreedom.app