Last update: November 12, 2023
Because of our commitment to providing quality online services, we understand the importance of your customer satisfaction. Although we cannot offer refunds for subscriptions or paid services, we strive to guarantee your satisfaction through our 30-Day Satisfaction Guarantee. If you are dissatisfied with any of our services, we offer you the opportunity to contact us within thirty (30) days of your initial use of the service in question. Once we receive your request, we will contact you to understand your concerns and help you resolve any issues related to our services.
DELIVERABLES
By using our Platform, you may be entitled to receive various content, such as press releases, blog posts or other creative materials (collectively, "Deliverables") when you purchase our services. If you have completed the appropriate payment in a timely manner, Creative Brands will grant you all right, title and ownership interest in the purchased Deliverables. However, in the event of failure to timely pay for any Deliverable, Creative Brands reserves the right to withhold or request the return of such Deliverable by you.
ESTIMATED DATES
Please be advised that some of our services may include estimated dates and deadlines for delivery or completion ("Estimated Dates"). While we endeavor to provide all services according to the Estimated Dates indicated on the Platform, these Estimated Dates are only estimates made in good faith and are not binding. Creative Brands reserves the right to modify, alter or extend any Estimated Date at our discretion. In addition, Creative Brands assumes no liability for any failure to meet the Estimated Dates stated on the Platform. Please note that oral or written statements made by our agents, employees or contractors with respect to the Estimated Dates are not contractually binding and do not alter the terms agreed upon between Creative Brands and users.
INTELLECTUAL PROPERTY
The name "Creative Brands," our domain name, as well as the design of our Platform and any content such as text, images, templates, scripts, graphics, interactive features, and any associated trademarks or logos (collectively, "Marks"), are the exclusive property of or licensed to Creative Brands, and are protected by copyright and other laws and international conventions in Mexico, the United States and other countries. Creative Brands reserves all rights not expressly granted in connection with the Platform. You agree not to engage in the use, copying or distribution of any content on the Platform unless you have been granted express written permission by us.
IDEA SUBMISSION
Creative Brands and its employees do not accept or consider unsolicited ideas relating to processes, technologies, product enhancements, product names, and the like. Therefore, we strongly discourage you from sending us unsolicited ideas, content, artwork, suggestions or other unsolicited works ("Submissions") in any form. This policy is intended to avoid potential misunderstandings or disputes in the event that Creative Brands' products or services are similar to the ideas you have submitted to us. If, despite our request that you not submit unsolicited ideas, you choose to do so, you should be aware that: (1) your Submissions and their contents will automatically become the property of Creative Brands, without any compensation to you; (2) Creative Brands may use or redistribute the Submissions and their contents for any purpose and in any manner; (3) Creative Brands is under no obligation to review the Submissions; and (4) the Submissions will not be kept confidential.
DISCLAIMER
We understand that the availability and functionality of our Platform are crucial to our users. However, the Platform and all services are provided on an "as is," "as available" and "with all faults" basis. To the fullest extent permitted by law, neither Creative Brands nor any of our employees, directors, officers, assigns or agents make any representations or warranties of any kind, express or implied, with respect to: (1) the availability, accuracy or completeness of the information provided through the Platform; (2) the services offered; or (3) the security associated with the transmission of information through Creative Brands or the Platform. We further disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, customization, merchantability and freedom from computer virus.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Creative Brands will not be liable for any direct, indirect, incidental, consequential, special or punitive damages arising out of: (1) your use of or access to the Platform or the Services; (2) any conduct or content of any third party in connection with the Platform or the Services; (3) any content obtained from the Platform; (4) any transactions conducted through or on the Platform; (5) any interruption, delay or failure in the operation or availability of the Platform; or (6) any injury or damage to persons or property related to the use of the Platform. In no event shall Creative Brands' total liability to you for all damages, losses and causes of action, whether in contract, tort (including negligence) or any other legal theory, exceed the total amount paid by you in the last three (3) months for the use of our services and the Platform.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Creative Brands, its officers, directors, employees and agents, from and against any claims, damages, obligations, losses, liabilities, costs or debt, including reasonable legal fees, arising out of: (1) your use of and access to the Creative Brands Platform, including any services; (2) your breach of any term of this Agreement; (3) your interactions with other users or third parties; or (4) your violation of any third party rights, including, without limitation, copyright, proprietary or contractual rights. This defense and indemnification obligation will survive termination of this Agreement and your use of the Creative Brands Platform. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in the defense of any claim.
COPYRIGHTS
We take any copyright infringement very seriously. If you believe that any of your copyrighted content has been infringed, we request that you send us a message that includes: (1) your name; (2) the name of the party whose copyright has been infringed, if different from your name; (3) the name and description of the infringing work; (4) the location on our Platform where the infringing copy is located; and (5) a good faith statement that the use of the copyrighted work described above is not authorized by the copyright owner or by a third party legally entitled to do so on the owner's behalf, and that such use is not permitted by law. If we receive a valid infringement notification, we may remove or disable access to the infringing content and take appropriate action under applicable law.
COUNTER-NOTICE POLICY
In the event that you receive a notice from Creative Brands indicating that content posted by you has been subject to removal on the grounds of copyright infringement or equivalent applicable regulations (DMCA/CNNR), you may respond by submitting a counter-notice in accordance with the DMCA/CNNR. Your counter-notice must contain: (1) your name, address, email address, and physical or electronic signature; (2) the reference number of the notice received, if applicable; (3) identification of the content and its location prior to removal; (4) a statement under penalty of perjury that the content was removed by mistake or misidentification; (5) your consent to the jurisdiction of a federal court in Mexico, if you reside there, or to the jurisdiction of a federal court in the district where your Internet service provider is located, if you reside outside of Mexico; and (6) your consent to accept service of process from the party that sent the removal notice. Please note that we cannot take any action with respect to your counter-notice unless you strictly comply with the above requirements. Send your counter-notice
CHOICE OF LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Mexico, without regard to principles of conflict of laws. You agree that any claim or dispute that may arise under or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts located in Mexico.
TERMINATION
Creative Brands reserves the right to terminate this Agreement or suspend your access to the Platform at any time and for any reason without notice. In the event of termination, the rights and licenses granted under this Agreement will cease immediately.
MODIFICATIONS
We reserve the right to modify this Agreement at any time and at our sole discretion. Any modifications to this Agreement will be effective as of the date of posting of the modified version on our Platform. Your continued use of the Platform after any modification will constitute your acceptance of the modifications.
CONTACT
If you have any questions or concerns about this Agreement, please do not hesitate to contact us by e-mail.
Address: Mexico
Phone: +1 888 212 5189
E-mail: hello@creativebrandsonline.net
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Creative Brands with respect to the Platform and the services offered. If any provision of this Agreement is held invalid or unenforceable, such provision shall be construed in a manner consistent with applicable law to the maximum extent possible, and the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
