Terms of Service

 

Welcome. It is important that you familiarize yourself with these terms as you become a member of the Creative Suburbs community. This is an agreement between you and Creative Suburbs, applicable when you use Creative Suburbs’s site, services and products. Please review carefully. If you have questions or feedback, send an email to info@creativesuburbs.com

Taken together, the Creative Suburbs.com website, mobile web site, and other various applications for third-party websites and our services (our “Sites”), and any other mobile or web services or applications owned, controlled, or offered by Creative Suburbs are known as the “Creative Suburbs Services” or “Services”.

For the avoidance of doubt, the terms “us,” “we” or “our” refers to Creative Suburbs and the term “you” refers to the user, viewer or beneficiary of Creative Suburbs Services, which in our community’s parlance, but not in this legal agreement, we call our Creative Suburbans.

Accepting the Terms of Service

Please read these Terms of Service, our Privacy Policy, and the Rules of Conduct carefully before using Creative Suburbs.com or the other Creative Suburbs-branded domains, products, services, applications, or content. By using any of the various Creative Suburbs Services, you are acknowledging and agreeing to the following terms and conditions of services (aka our “Terms of Services”). If you do not agree with the terms set out on this page, do not use any Creative Suburbs Services.

Notice of Modifications

Creative Suburbs reserves the right to modify this Agreement at any time by posting a revised Agreement on creativesuburbs.com. Notifications about changes to this Agreement will be sent via e-mail when practical, and otherwise upon visits to creativesuburbs.com.

When alerted to a notice of modification, please review and familiarize yourself with the changes. Modifications become effective as soon as they are posted, so using Creative Suburbs Services after the posting and notice of a modification constitutes your acceptance of the terms and conditions of this Agreement as modified.

Eligibility

All Creative Suburbs Services are available only for those aged 13 years or older. If you are between 13 and 18 years old, then you hereby agree to review these Terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this Agreement. If you are a parent or guardian entering into this Agreement for the benefit of a child over 13 years of age, then you agree to and accept full responsibility for that child’s use of the Creative Suburbs Services, including all financial charges and legal liability that such child may incur.

If you register for an account with Creative Suburbs (“Account”), you must provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) that you will maintain the accuracy of such information, and (c) your use of the site and services does not violate any applicable laws. You may terminate your Account at any time, for any reason, by following the instructions on the site. We may suspend or terminate your Account in accordance with this Terms of Service. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Restrictions on Use

The material on this site is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, reverse engineer, decompile, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from Creative Suburbs.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Creative Suburbs Services in strict accordance with this Agreement. If you use Creative Suburbs Services in violation of this Agreement or any applicable law, we may elect to terminate this limited license and take whatever steps are necessary to terminate your account.

Mobile Services

With respect to the use of Creative Suburbs Services on a mobile device, please be aware that you must consult your mobile service provider in relation to any charges for data services that are incurred through the use of Creative Suburbs Services as we are not responsible for these charges; by using Creative Suburbs Services, you agree that we may communicate with you regarding Creative Suburbs by text message, e-mail or push notification that is consistent with your privacy preferences set out in your Creative Suburbs profile; and by using Creative Suburbs Services, you acknowledge and agree that if the services we provide include any location-based services, your location may be shared with us as well as other Creative Suburbs users and any third-party partners in a way that is consistent with your privacy preferences as set out in your Creative Suburbs profile.

License to Creative Suburbs

By posting messages, uploading files, inputting data, linking to data or files on third-party sites (such as Youtube, Vimeo, Flickr, Picasa, Facebook, Twitter, Blogger, or WordPress), or engaging in any other form of communication through our Services, you are granting Creative Suburbs a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to:

  • Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
  • Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under publicity, copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

Linking to Creative Suburbs

You may link to Creative Suburbs Sites provided that you:

  • Do not remove, resize or otherwise alter advertisements or legal notices on the Creative Suburbs Site to which you link.
  • Do not engage in illegal, inappropriate or pornographic conduct on your sites; and terminate links to our Sites immediately upon our request.

Disclaimer

Creative Suburbs and our users may provide links and pointers to Internet sites maintained by third parties, including advertisers on our Sites. We do not operate or control in any respect any information, products or services on these third-party sites. The materials on our Sites and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Creative Suburbs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the materials on our Sites or on third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Creative Suburbs) assume the entire cost of all necessary maintenance, repair, or correction.

Without limitation, Creative Suburbs makes no warranty with regard to any products, services, or rewards obtained by members through Creative Suburbs or our advertisers or partners. In the event that a third-party business, including but not limited to an advertiser on our Sites, fails to honor an incentive, deal promotion or coupon communicated by way of our Sites, Creative Suburbs cannot be held liable in any fashion for the conduct of that third-party business.

Third Party Content

You acknowledge and agree that third-party content on our Sites represents the thoughts, sentiments and intentions of that third-party and not the views of Creative Suburbs. In addition, you acknowledge and agree that Creative Suburbs shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene, or otherwise unlawful content posted on our Sites.

User Restrictions

You agree not to do any of the following while using the Creative Suburbs Services:

  • Post upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that (i) infringes, misappropriates or violates a third party(s) patent copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances)
  • Use, display, mirror, frame or utilize framing techniques to enclose our Sites, or any individual element or materials within our Sites, Creative Suburbs’s name, any Creative Suburbs trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without our express written consent.
  • Access, tamper with, or use non-public areas of our Sites, our computer systems, or the technical delivery systems of Creative Suburbs’s providers; attempt to probe, scan, or test the vulnerability of any Creative Suburbs system or network or breach any security or authentication measures.
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Creative Suburbs or any of our providers or any other third party (including another user) to protect the Creative Suburbs Services or Sites.
  • Attempt to access or search our Services or Sites or download content from the Services or through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Creative Suburbs or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome or Opera).
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
  • Use any meta tags or other hidden text or metadata utilizing a Creative Suburbs trademark, logo, URL or product name without our express written consent.
  • Use our Services, Sites or content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service.
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use our Services, Sites or content to send altered. deceptive or false source-identifying information.
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide our Sites, Services or content.
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing our Sites.
  • Collect or store any personally identifiable information from our Sites or Services from other users of our Sites or Services without their express permission.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Violate any applicable law or regulation.
  • Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose.
  • Stalk or otherwise harass anyone.
  • Collect personal data about Creative Suburbs users for commercial or unlawful purposes.
  • Post non-local or otherwise irrelevant content or repeatedly post the same or similar content.
  • Post identical or similar messages repeatedly to different neighborhoods or locations.
  • Use any form of automated device or computer program that enables the submission of postings on our Sites without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

Indemnification

Where you violate this Agreement in any fashion, you agree to indemnify, defend and hold us and our partners, agents, directors, officers, employees, subcontractors, third-party suppliers of information, attorneys, advertisers, product and service providers, and other affiliates (“Affiliated Parties”) harmless from any liability, loss, or claim, including reasonable attorney’s fees and other collateral costs.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Creative Suburbs or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Creative Suburbs Services. You specifically acknowledge and agree that Creative Suburbs is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Creative Suburbs material, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using Creative Suburbs Services.

Copyright Compliance Policy

Creative Suburbs respects the copyright privileges of others and ask that you do the same.

If you are a copyright holder and you believe that your work has been used in an unauthorized fashion by one of our users or partners, please email our copyright agent at info@creativesuburbs.com. When filing a request to have copyrighted material removed from our Sites or Services, be aware that your request must comply with the notice and take-down requirements of the Digital Millennium Copyright Act (“DMCA”). To comply with the DMCA’s requirements, please provide the following information to our copyright agent when making a request for removal (“Infringement Notice”):

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • A description of the copyrighted work that you claim has been infringed, along with accurate website links (if available);
  • A description of where the offending material is located on our Sites or Services;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that the Creative Suburbs user or partner is not authorized to use the copyrighted material in question; and
  • A statement by you, made under penalty of perjury, indicating that the above information in your Infringement Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Termination

This Terms of Service commences on the date you first use the site or services and will remain in full force and effect while you use the site or services, unless earlier terminated in accordance with this Terms of Service.

We may (a) suspend your rights to use the site, any service, and/or your Account or (b) terminate this Terms of Service, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated it. Without limiting the foregoing, we reserve the right to terminate our agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.

Upon termination of this Terms of Service, your Account and right to use the site and services will automatically terminate immediately.

Other

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement constitutes the entire contractual agreement between you and Creative Suburbs, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to Creative Suburbs and the Creative Suburbs Services;

This Agreement may be amended at any time by us without specific notice to you. It is your responsibility to review the most up-to-date version of this agreement prior to using the Creative Suburbs Services.

We reserve the right, at any time, to modify, suspend, or discontinue the site or services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the site or service or any part thereof.

 

 

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