Terms of Service

1. ACCEPTANCE OF TERMS OF USE

These terms and conditions are entered into by and between you, the user (“you”) of this website and CREATE LLP as operator of this website (“CREATE”). The following terms and conditions (“Terms of Use”) govern your access and use of http://www.createllp.com, including any content, functionality and services offered on or through http://www.createllp.com (“Website”).

By using the Website, you accept and agree to be bound to and abide by these Terms of Use and our Privacy Policy, found at https://createllp.com/terms-of-service, which is incorporated herein by reference. If you do not agree to any of these Terms of Use or the Privacy Policy, you must not access or use the Website.

These Terms of Use apply to all users of the Website. The Website may contain links to third party websites or content that are not owned or controlled by CREATE. CREATE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, CREATE will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CREATE from any and all liability arising from your use of any third-party website or content thereon. Accordingly, we encourage you to be aware when you link to third-party content and websites and to read the terms and conditions and privacy policies of such other websites.

2. CHANGES TO THE TERMS OF USE

CREATE may revise and update the Terms of Use from time to time in its sole discretion, with or without notice. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the revised Terms of Use acknowledges your acceptance and agreement to any such changes thereto.

3. ACCESSING THE WEBSITE

CREATE reserves the right to amend or withdraw this Website and any service or material provided on the Website, in its sole discretion without notice. CREATE will not be liable for any reason all or part of the Website is unavailable at any time. From time to time, CREATE may restrict access to certain portals of the Website, or the entire Website, to all users.

4. INTELLECTUAL PROPERTY RIGHTS

The Website and its content, features and functionality, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to CREATE as legally necessary, subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CREATE reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. Any use of the Website not expressly permitted by these Terms of Use constitutes a breach of the Terms of Use and may violate copyright, trademark and other laws.

5. ATTORNEY ADVERTISING

This website contains general information about CREATE and may be considered Attorney Advertising. CREATE attempts to provide accurate and helpful information on this website but makes no representations, claims, promises or guarantees that the information contained in or linked to this website is accurate, complete or current. This website is not intended to be a source of legal advice and any prior stated results do not guarantee a similar outcome. You should not consider this information to be an invitation for an attorney-client relationship.

Neither receipt of information presented on this Website nor any email or other electronic communication sent to CREATE or its lawyers through this website will create an attorney-client relationship and any such email or communication will not be treated as confidential. No user of this website should rely upon or act or refrain from acting on the basis of information included on this Website without seeking legal advice of counsel in the relevant jurisdiction. CREATE expressly disclaims all liability in respect of actions taken or not taken based on any contents of this Website.

All inquiries relating to this website should be directed to hi@createllp.com.

6. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CREATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CREATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OFFENSES TAKEN OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS LINKED TO, POSTED, UPLOADED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA WEBSITE. CREATE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CREATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL CREATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS UPLOADED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CREATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CREATE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by CREATE from its facilities in the United States of America. CREATE makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

8. INDEMNIFICATION

You agree to defend, indemnify and hold harmless CREATE, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

9. CAPACITY; NOT INTENDED FOR CHILDREN

You affirm that you are either 18 years of age or above, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not directed toward nor intended for children under 13. If you are under 13 years of age, then please do not use the Website.

10. ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CREATE without restriction.

11. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed and construed in accordance with the internal laws of the State of California, without effect to any choice or conflict of law provision or rule. You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over CREATE, either specific or general, in jurisdictions other than California. Any claim or dispute between you and CREATE that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles, California.

YOU AND CREATE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

12. ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy at and any other legal notices published by CREATE on the Website, shall constitute the entire agreement between you and CREATE concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and CREATE’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

13. COPYRIGHT AND INTELLECTUAL PROPERTY AGENT

If you believe that any use of intellectual property on the Website violates your copyright, please provide the following information, in writing, to the Copyright Agent for CREATE at hi@createllp.com:

Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the alleged infringing activity and where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner’s behalf.

CONTACT US:

Create LLP

hi@createllp.com

Last Modified: October 2019