Terms of Service
Acceptance of the Terms of Service
These Terms of Service and the Policies constitute the entire agreement between CreativeSense and you. They supersede all prior agreements between CreativeSense and you, whether written or oral. CreativeSense may not enforce or exercise any right in these Terms of Service terms. This does not mean that CreativeSense has waived those rights.
Modifications to the Terms of Service
CreativeSense reserves all rights to modify these Terms of Service and Policies at any time without prior notice. CreativeSense can also freely assign or transfer the agreement. You can review the most recent version of these Terms of Service by visiting CreativeSense ‘s website and clicking on “Terms of Service”, located at the bottom of all CreativeSense pages. All previous versions of the Terms and Service will be replaced by the most current version. When the Terms of Service have been updated, we will post prior versions on our website.
View the Terms of Your Account
It is your responsibility to use the Products and Services in a secure and private manner. CreativeSense will not be held responsible for any loss or damage arising from unauthorized account access.
CreativeSense reserves the right to refuse registration and cancel accounts at its sole discretion.
It is not allowed to use the Products and Services for illegal information access.
CreativeSense reserves all rights to modify, suspend or discontinue any of the Products and Services at any time, without prior notice.
Your account may be temporarily or permanently suspended if you make excessive requests to CreativeSense or any other Products and Services. CreativeSense will decide if there is abuse or excessive use at its sole discretion. CreativeSense will notify the account owner via email if necessary before suspending it.
CreativeSense holds intellectual property rights to all protected parts of the Products and Services. This includes but is not limited to design, artwork, functionality, and documentation. CreativeSense Products and Services may not be copied, modified, reverse engineered, or modified in any way. See below for more information about the Intellectual Property section of these Terms of Service.
User Conduct and Submissions
All text, graphics and photographs communicated to CreativeSense (collectively “Content”) belong to the original owner. Any Content you post may be used in any other manner without restriction. These Terms of Service only allow you to use other people’s content.
CreativeSense is not able to control the content that third parties post to our Products and Services. This includes the user interfaces. CreativeSense does not guarantee the quality, accuracy, or integrity of any such content. You might be exposed to content you find offensive, indecent, or incorrect by using the Products and Services. CreativeSense will not be held responsible for any Content. You agree to evaluate and bear all risks associated with using any content. This includes any reliance on its integrity and accuracy. If you would like to report objectionable materials, please contact email@example.com.
You agree to access the Products and Services, including our website and other interfaces. You also agree not to upload or post, email, or send or transmit any material containing software viruses or any other code, files, or programs that could interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment, associated with the Products and Services. You agree to not interfere with any portion of the Products and Services’ servers or networks or violate any procedures, policies, or regulations for networks connected to the Products and Services. Finally, you agree not to impersonate another person using the Products and Services or conduct yourself in a vulgar, offensive, or illegal manner while using them.
The “Account Owner” is the member who created the CreativeSense account and for whom the payment method is charged. The CreativeSense account is controlled and accessible by the account owner. The Account Owner has full control over CreativeSense’s account. Therefore, they should not disclose the password to anyone. If the Account Owner wants to prevent others from contacting CreativeSense Customer Service, and potentially alter the Account Owner’s control, then the Account owner should not disclose the Payment Method details associated with their account (for example, their last four digits on their credit card or debit card or their email address, if they use PayPal). SHARING THE DCOMMERCE.COM ACCOUNT PASSWORD ENSURES THAT THE ACCOUNT OWNER IS RESPONSIBLE TO ENSURE THAT ALL PERSONS WITH WHICH IT SHARES PASSWORD ARE COMPLIANCE WITH THE TERMS of SERVICE. SUCH ACCOUNT OWNERS WILL BE RESPONSIBLE IF ANY ACTIONS ARE TAKEN BY SUCH PERSONS.
Account termination will be immediately initiated if CreativeSense employees or other users are accused of abuse or threats of abuse.
Payments and fees
The billing terms of one of our partners will apply if you are charged for Products and Services. Access to any of our Products and Services requires that you have internet access. You can create an account on either a paid subscription or a free basis. You must have a valid, accepted payment method to use the paid Products and Services. This information was provided during sign-up (“Payment Method”)
For paid subscription products and services, a valid credit card or Paypal account must be available.
Your credit card or Paypal account will automatically be charged according to the CreativeSense rates. This is to prepay the usage of Product and Services during the current period. Monthly plans will be charged on the next day. If the billing date falls between the 29th and 31st of each month, but the billing month doesn’t contain this date, the billing date will be changed to the end of the current calendar day. To prepay the usage of Products and Services, annual plan renewals will take place on the same day as the following year.
CreativeSense will immediately change your account if you decide to downgrade or switch to a free subscription plan. The unused portion will not be eligible for credit.
Your service will immediately switch to the New Plan if you upgrade or downgrade from an existing paid plan (“Old Plan”) and to another plan (“New Plan”). Your Old Plan’s payment for any unutilized service will be applied to the New Plan’s price. Your next monthly billing date will remain the same. If you have to downgrade your Plan, credit will be applied for future months. Your next monthly fee will then be charged after the credit has been used. If you are upgrading your Plan, the remainder of the current billing period will be charged immediately. The subsequent months will be charged at the previous billing date. The remaining credit for the current billing period will depend on how many days remain in the current billing month. Questions about CreativeSense billing are directed to firstname.lastname@example.org and answered within 24 hours.
CreativeSense cannot offer refunds on Products and Services.
European merchants who have not provided a valid VAT ID will be charged VAT in addition to the base product price. VAT will be calculated based upon the merchant’s home country VAT rate.
CreativeSense and third parties will only act as intermediaries between you and the shipping carrier (i.e. USPS) if you use CreativeSense ‘s shipping label feature to fulfill your order. This allows you to buy postage and print shipping labels. CreativeSense can help you purchase and produce your shipping labels, but it is your responsibility to ship your customers. CreativeSense cannot pick up, transport, deliver, or deal with your shipment. You are responsible for complying with all carrier rules and regulations that apply to your use of the postal service.
You are responsible for complying with all USPS rules when you use USPS postage. These include: 1) Shipping Restrictions to learn more about what you can and cannot ship via USPS; 2) Mailing Standards to understand packaging and labeling requirements. CreativeSense’s shipping labels will allow you to share information about your shipment with USPS. This information is subject to the following USPS privacy provisions:
Privacy Act Statement: Your data will be used to facilitate your purchase of U.S. Postage. Postal Service (USPS), postage, and transaction reporting requirements for USPS postal systems. 39 U.S.C. authorizes collection 39 U.S.C. 401, 403 and 404. The voluntary disclosure of the information is not required. However, if you do not provide it, your transaction might not be processed. USPS will not share your information without your consent, except as necessary to facilitate the transaction or to fulfill your request or to act on your behalf. This applies to the following limited circumstances: To a congressional office on behalf of you; to financial entities regarding financial transactions issues; to an USPS auditor; and to entities, such as law enforcement or in legal proceedings. We also share your information with contractors and other entities that aid us in fulfilling the service (service suppliers). For more information regarding our privacy policies, visit www.usps.com/privacypolicy.
All local and international shipping regulations and customs regulations are your responsibility. CreativeSense is not responsible for import taxes, duties, or local customs fees related to your shipment. It is your responsibility to determine whether these charges are due and to arrange payment. CreativeSense will demand full reimbursements if any of these charges are imposed on you by any authority.
CreativeSense is authorized to charge your current payment information to cover any fees related to CreativeSense shipping label feature. CreativeSense does not have a payment method on file. You will need to add one before CreativeSense can use the shipping labels feature. You will not be allowed to buy any additional postage until your CreativeSense shipping label fees have been paid. If your payment is declined or not received by CreativeSense, we may not be able to collect the payment.
CreativeSense reserves all rights to terminate or modify CreativeSense shipping label feature or your ability to use CreativeSense shipping label feature at any given time without prior notice.
Cancellation or Termination
By downgrading to a free plan, you can cancel your subscription to CreativeSense Products and Services. After cancellation, there will not be any subsequent changes to your Paypal or credit card.
You can terminate your account by clicking the “Close my Account” button in your account. Before you can close your account, cancel your paid subscription.
Functionality and Features
Products and Services include an integrated online shopping cart that can integrate with your existing website, blog, or social network, as appropriate. We reserve the absolute right to make changes to the Products and Services at any time and without prior notice. The description of the Products and Services should not be construed as a promise or obligation to the Products and Services. These Terms of Service often do not fully reflect the changes we make to the Products and Services.
Members from certain countries can add some Products and Services to their page via social media networks such as Facebook.
CONNECTING CreativeSense.COM ACCOUNT WITH YOUR FACEBOOK ACCOUNT WILL CONVEY AND AGREE THAT YOUR CONTINUOUS RELEASES OF INFORMATION ABOUT YOURSELF TO OTHERS IS PERMITTED (IN CONFORMANCE WITH YOUR PRIVACY AND ACCOUNT SETTINGS AT CreativeSense.COM). If you do not want information about you to be shared in this manner, please don’t use the FACEBOOK CONNECT FEATURE. Facebook and we are constantly improving this feature. Therefore, the features available and information that is shared might change. These changes could occur without your knowledge and may not be explained in these Terms of Service.
Compliance with Anti-Corruption, Export, and Sanctions
You represent, warrant, and agree that these Terms of Service apply to you.
You have not and won’t violate or cause any other party to be in breach of any applicable anti-bribery/anti-corruption law (including but not limited to the U.S. Foreign Corrupt Practices Act, 1977, as amended, and the U.S. domestic bribery legislation in 18 U.S.C. 201), anti-kickback laws and anti-money laundering laws, as well as anti-terrorist financing legislation.
You have not and will never use the Products and Services, or our website in violation to applicable laws. .
You will not, directly or indirectly, through third parties, pay, promise, authorize, solicit, offer, or accept any money or gift of any kind to or from any person, organization, political party or entity in any country to obtain, retain or direct regulatory approvals.
All of your employees, officers and directors, agents, contractors and vendors (collectively “Relevant Parties”) must comply with this Anti-Corruption and Export Sanctions Compliance Section.
They are not and will not ensure that your Relevant Party and customers are: (a) Nationals, Residents, Agents or Representatives of Iran, North Korea or Syria; (b) on the List of Particularly Designated Nationals & Block Persons, the Sectoral Sanctions Identifications List, or Foreign Sanctions Evaders List maintained at the U.S. Department of the Treasury; (c) any entity that is owned by, directly, indirectly, or by virtue of such person owning voting shares, interests; or is the U.S.
All export/sanctions authorizations and licenses are required to be obtained in the amount applicable.
You shall establish an effective, risk-based compliance plan and all necessary internal controls to ensure compliance with applicable laws and this Anti-Corruption Export and Sanctions Compliance Section.
CreativeSense shall cooperate reasonably with them to (a) ensure compliance of sanctions, embargoes, and other Applicable Laws; and (b) review, remediate, or prevent future violations of these laws. This includes, but is not limited to, suspending, terminating, or removing products from customers or other people that are on a Sanctions List.
Any violation of any of the above representations, warranties, or covenants will be considered a material breach of these terms. CreativeSense may terminate this agreement at its sole discretion and without any further liability or obligation. CreativeSense may seek indemnification from you and injunctive or other equitable relief. In addition to any other remedies available under applicable laws, CreativeSense will be entitled to a breach of these Terms.
CREATIVESENSE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED. CREATIVESENSE DISCLAIMS ANY IMPLIED WARRANTIES, CONDITIONS, OR WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS TO ANY PARTICULAR PURPOSE. CREATIVESENSE DOES NOT WARRANT THE RESULTS FROM USE OF ANY PRODUCTS OR SERVICES. ACCOUNT HOLDER ASSUMES ALL THE RISK AND RESPONSIBILITY REGARDING THEM.
Limitation of liability and damages
CREATIVESENSE OR ITS SUBSIDIARIES, DIRECTORS or OFFICERS, OFFICERS OR AFFILIATES OR LICENSORS SHALL NOT BE LIABLE TO YOU (JOINTLY OU SEVERALLY), FOR ANY SPECIAL INCIDENTAL, INDIRECT CONSEQUENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES WHATSOEVER, RESULTING FROM THE USE OF OR PERFORMANCE THEREOF, OUR WEBSITE, INCLUDING FEATS / FUNCTIONALITIES THERE. OUR TOTAL LIABILITY TO EACH OTHER FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY to USE THE PRODUCTS, SERVICES, INCLUDING OUR SITE AND USER INTERFACES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LOI), WILL NOT EXCEED THREE (3) MONTHS FEES PAYED TO CREATIVESENSE ON THE SUBSCRIPTION PLANS. EVEN IF THE ABOVE-MENTIONED REMEDY FAILS TO ITS ESSENTIAL PURPOSE, THE FOREGOING LIMITATIONS APPLY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OR OTHER SECTIONS OFF THESE TERMS of SERVICE, INCLUDING ANY PORTION FROM ANY POLICY TO BE UNENFORCEABLE, THEN THE PORTIONS DEEMED UNENFORCEABLE WILL BE DISMISSED. THE TERMS SHALL BE ENFORCED ABOVE THOSE PROVISIONS. ANY LIABILITY SHALL BE LIMITED TO THE GREATEST EXT BY APPLICABLE LAW.
CreativeSense will be held harmless for any damages, costs, and attorney’s fees resulting from third-party claims that CreativeSense may incur from (i) your modification of Products and Services or (ii) CreativeSense’s use of materials supplied to CreativeSense for use in Products and Services that infringe any trademark, copyright, trade secret, or other intellectual property rights under the law. CreativeSense may appoint counsel to assist you in defending any third-party claim. CreativeSense may hire its own counsel and pay the fees and expenses of such counsel. Any claim that is subject to indemnification shall be settled by you. However, CreativeSense may require taking or abstaining from any action that would obligate CreativeSense to indemnify it. In such cases, CreativeSense’s prior written consent must be obtained. This consent cannot be withheld, conditional, delayed, or unreasonably withheld. PARTIES EXCLUDE THE IMPLIED WARRANTY THAT NON-INFRINGEMENT IS AVAILABLE, RELYING INSISTENTLY ON THE TERMS IN THIS SECTION. .
You may also find additional disclaimers and limitations of liability in any third-party software, licensing, and service agreements that you have signed to gain access to the Products and Services.
Copyright. All content on the Products and Services, including any content delivered to members as part of the Products and Services, includes source code, data compilations, and software. They are protected by the United States and international copyright, trade secrets, or other intellectual property laws and agreements. The Products and Services offer open-source software that is free. However, all content and software provided by CreativeSense or any other material in connection with the Products and Services remain the exclusive property CreativeSense, and it’s licensed. They are protected by copyright and trade secrets laws in the countries where the Products and Services operate and international treaty provisions.
CreativeSense and its licensors have given their express permission for the reproduction or use of content. These Terms of Service contain restrictions that you agree to follow. You must not decompile, reverse engineer, or disassemble any software or any other products or processes, and you must not insert code or product into the Products or modify the content. Also, you should not use any data mining, data gathering, or extraction method. CreativeSense may terminate your membership if CreativeSense believes you are violating CreativeSense’s software restrictions or restrictions against copying our Products and Services. CreativeSense also reserves the right not to allow you to copy or use any other proprietary content without the permission of CreativeSense and its licensees. CreativeSense does not encourage, condone or support copying third-party products or categories. The Products and Services, which include demos of store products and services, can be used for commercial purposes only. However, items that are proprietary to third parties cannot be used. Please see the instructions at the end of these Terms of Service for notifying us of the presence of any allegedly infringing content of the Products and Services, including any on the website, creativesense.xyz.
Trademarks. CreativeSense registered trademark. creativesense.xyz and the CreativeSense logo are registered trademarks or service marks. CreativeSense trade dress includes the Products and Services, including their graphics, logos, page headers, and scripts and service names. CreativeSense trademarks, service marks, and trade dress may not be reproduced or used without CreativeSense’s prior written approval. They may not be used with any other product or service, in any way that could confuse customers, in a manner that dilutes CreativeSense’s rights, or in any way that discredits or disparages CreativeSense. Other trademarks appearing on the CreativeSense website or user interfaces are the property of their respective owners. They may or not be associated with, connected to, or sponsored by CreativeSense. If not indicated, any images of people or personalities appearing on the CreativeSense website or user interfaces do not indicate or endorse CreativeSense or any product or service.
Patents. CreativeSense has patents pending which apply to our products and services.
Submission of information
CreativeSense may use any comments or information you send us (“Feedback”) without any compensation or acknowledgment. This includes responses to questionnaires and postings to the Products and Services. It can also use the Feedback for any purpose, including developing, marketing, and selling products and creating, altering, or improving the Products and Services. You also grant CreativeSense a perpetual, worldwide and irrevocable, non-exclusive, royalty-free license to post Feedback, respond to questionnaires, and to use, display, reproduce, modify, and/or reuse the Feedback in any media, software, or technology.
CreativeSense does not accept unsolicited ideas or materials for publication. CreativeSense is not responsible for any similarity in content or programming to CreativeSense’s materials and ideas. If you send unsolicited ideas or materials, you agree to no further consideration and that CreativeSense and its affiliates will not be held responsible for any claims arising from the use of such ideas or materials.
We test various aspects of our Products and Services from time to time. This includes our website, other interfaces, service level, plans, promotions, and features. Prices and delivery are also tested. Without notice, we reserve the right not to include or exclude you.
If you need assistance with your account, you may find answers and support on our support ticket, live chat and using other resources, and contacts found here: https://creativesense.xyz/help You can also reach us with customer service questions at live chat or email@example.com.
Third-party Apps, Software, and Products
CreativeSense may recommend, enable, or even sponsor third-party apps, software, products or services, or website links, from time to time, for your consideration and use. These apps, software products, links, and services are provided for your convenience only. It does not constitute an endorsement, authorization sponsorship, or affiliation with CreativeSense in respect to third parties, third-party apps, software products, websites, or services. These Terms of Services do not apply to third-party apps, software products, websites, or services. You should also review any third-party agreements that may relate to third-party apps, software products, websites, or services. They may be different from these Terms of Service, and you are responsible for complying with them. Access to third-party apps, software, products, or websites is at your risk. CreativeSense DOES NOT MAKE ANY REPRESENTATIONS NOR WARRANTIES REGARDING THIRD-PARTY SOFTWARE, APPS PRODUCTS, WEBSITES, OR SOFTWARE. CreativeSense WILL NOT BE LIABLE FOR ANY THIRD-PARTY SOFTWARE PRODUCTS SERVICES, APPS, OR WEBSITES.
Copyright Infringement Claims
CreativeSense is committed to protecting the intellectual property rights and interests of others. CreativeSense will not allow the unauthorized reproduction or distribution of copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Products and Services, please view our Copyright Policy for explicit instruction on how to address the issue.
The Governing Law
These Terms of Service will be governed and construed according to the laws of California, U.S.A. Any provision of these Terms of Service shall be deemed invalid, illegal, unenforceable, or in conflict with any law. The validity, legality, and enforceability of the rest of these Terms of Service shall not be affected by such rulings, and they shall continue to be in full force and effect.
CreativeSense and you agree that any dispute or claim arising from or relating to the Products and Services (including our website, user interfaces, and these Terms of Service and this arbitration agreement) shall be resolved by binding arbitration in San Diego County in California and not in courts of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration is conducted by a neutral arbitrator, which allows for fewer discoveries than in court. It also permits for a much more limited review by courts. Arbitrators are able to award the same damages or relief as a court. By agreeing to these Terms of Service, you agree that the U.S. Federal Arbitration Act will govern the interpretation and enforcement of the provision. CreativeSense and you both waive the right to a trial before a jury or to take part in a class action. This arbitration provision will survive the termination of this agreement as well as your CreativeSense members subscribers.
CREATIVESENSE AND YOU AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF or CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CLASS PROCEEDING. Unless you and CreativeSense agree otherwise, the arbitrator cannot consolidate more than one person’s claims and may not preside over any type of representative or class proceeding. This arbitration provision will be null and unenforceable if it is found that this particular provision is invalid. Arbitrators may only award injunctive or declaratory relief to the party seeking relief. This is only for the party’s claim.