Legal
Terms and Conditions for Online Sales
Terms for purchase and sale of products and services
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services through www.creationrights.com (the "Site"). These Terms are subject to change by Creation Rights without prior written notice at any time. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. These Terms are an integral part of the Website Terms of Use. You should also carefully review our Privacy Policy before placing an order.
2. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email.
3. Prices and Payment Terms
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged will be the price advertised at the time the order is placed. Posted prices do not include taxes or charges for shipping and handling. Terms of payment are within our sole discretion. Invoices are due and payable upon receipt. We may charge a late payment penalty of 5% per month on undisputed amounts, or the maximum rate permitted by law, whichever is less. We may refuse additional orders and suspend any services until all overdue amounts are paid in full.
4. Shipments; Delivery; Title and Risk of Loss
Please check the individual product page for specific delivery options. You will pay all shipping and handling charges unless otherwise specified. Title and risk of loss pass to you. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds
WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We strongly recommend that you fully insure your return shipment and use a carrier that can provide proof of delivery.
6. Limited Warranty
We warrant to you that for a period of twelve months from the date of creation, the invoices created through the Site will conform to our published specifications. We warrant that we shall perform the services purchased through the Site using personnel of required skill and in a professional manner in accordance with generally recognized industry standards. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE. Third Party Products are not covered by the warranty. We shall not be liable for a breach of warranty unless you give written notice of the defect within five days of discovery and we are given a reasonable opportunity to examine. Subject to the foregoing, we shall either repair or replace, or credit or refund amounts paid. THE REMEDIES SET FORTH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES.
7. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE SITE.
8. Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9. Intellectual Property Use and Ownership
You acknowledge and agree that: All uses on this Site of the terms "sell," "sale," "resell," "purchase," "price," and the like mean the purchase or sale of a license. Each product and service is made available solely for license, not sale. You will comply with all terms and conditions of the specific license agreement for any product or service you obtain. Creation Rights and its licensor(s) are and will remain the sole and exclusive owners of all intellectual property rights in and to each product and service. You do not and will not have or acquire any ownership of these intellectual property rights.
10. Privacy
Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
11. Force Majeure
No party shall be liable for any failure or delay in fulfilling or performing any term of this Agreement (except for obligations to make payments) when such failure or delay is caused by acts beyond the impacted party's control, including acts of God, flood, fire, earthquake, pandemics, war, government order, embargoes, strikes, and similar events. The Impacted Party shall give notice within seven days and use diligent efforts to end the failure or delay. Either party may terminate if the failure or delay remains uncured for fourteen consecutive days following written notice.
12. Governing Law and Jurisdiction
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
13. Waiver of Jury Trials and Binding Arbitration
YOU AND CREATION RIGHTS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and enforceability. Any award of the arbitrator(s) will be final and binding.
14. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent.
17. Notices
To give us notice under these Terms, you must contact us: (i) by electronic mail to team@creationrights.com with the subject: "NOTICE TO CREATION RIGHTS"; or (ii) by personal delivery, overnight courier or registered or certified mail to Creation Rights Inc., Scarbrough Building, 522 Congress Ave., Suite 400, Austin, Texas, 78701, USA.
19. Entire Agreement
These Terms, the license agreement relating to any product or service you obtain on or through this Site, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
Contact Us
For any questions about these Terms, please contact us at team@creationrights.com or Creation Rights Inc., Scarbrough Building, 522 Congress Ave., Suite 400, Austin, Texas, 78701, USA.