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Terms & Conditions


Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

Amendment to this agreement

We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with createtuouse or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms.

Our service

Createtuouse provides a range of services (the createtuouse service) which, amongst other things, enable you to publish, sell, discuss and purchase art; interact with other members; and receive the benefits of createtuouse's facilitation of product fulfilment, including payment processing, customer services, third party product manufacturing. In addition, createtuouse will arrange for the deliver of the physical product to your customer.

The digital content on the website (your content) may be information, text, data, graphics,images, photographs, sound, video, music or any other material posted online by users. Any content that you upload into the portfolio section of your account is described as your art.your art may be viewed by all users of the website once you elect to publish it. You may order a physical product based on your own art or you may offer your art for sale as part of the sale of a physical product. If you or a customer decide to place an order, then createtuouse will forward your instructions to third parties who will manufacture and ship the physical product in the form specified by you or the customer (the product).

Passwords

You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

Putting content on the createtuouse site

You keep the copyright in any content you submit or upload to the website. In order to receive the createtuouse services you grant createtuouse a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.

When you submit or upload content on the website you represent and warrant that:

  • You own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content;
  • The content you upload will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
  • Your use of the website will comply with all applicable law, rules and regulations;
  • The content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • The content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
  • The content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.

Createtuouse reserves the right to review and if in its sole discretion deemed necessary, remove any content from the website and / or cancel your account, because that content breaches your agreement with us and / or any applicable laws, or otherwise. You agree to indemnify createtuouse in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.

Purchasing a product on createtuouse

Users can purchase products on the createtuouse website using a valid credit card or the paypal system.

You do not have to be a member to purchase a product.

The price you pay is fixed at the time of ordering.

You may not cancel an order once it has been submitted.

It is the customers responsibility to ensure the product delivery address is correct. Createtuouse takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.

We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.

You instruct createtuouse to cancel incorrect orders

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. You acknowledge that we cannot facilitate an order where such an error exists and hereby instruct us to cancel such an order and take other action as required.

You authorize us to cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customers credit card or paypal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will credit the customers credit card or paypal account for the amount in question.

Reporting inappropriate content to createtuouse

Createtuouse does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Createtuouse reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website. You can do this by clicking the "inappropriate content" link that will be displayed beside each piece of art. If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint by using the processes described in our policy here

Specific warnings

You must ensure that your access to this website and the createtuouse service is not illegal orprohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the createtuouse service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the createtuouse service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the createtuouse service, or any transmissions by others in contravention of the registered members obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

Intellectual property rights and license

By submitting listings to createtuouse, you grant createtuouse a non-exclusive, worldwide, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of and display the content of such listings in connection with createtuouse's (and its successors' and affiliates') services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the createtuouse site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the createtuouse site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under this user agreement. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the createtuouse site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.

All intellectual property rights in this website and the createtuouse service (including the software and systems underlying the createtuouse service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant copyright and trade mark legislation throughout the world, and except as expressly authorized by this agreement, you may not in any form or by any means:

  • Use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
  • Commercialize any information, products or services obtained from any part of this website,

Without our written permission.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

Disclaimer

We do not represent or guarantee that the createtuouse service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the createtuouse service or these websites will be uninterrupted.

You acknowledge that the createtuouse service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another persons software, equipment or systems, traffic or technical difficulties with the internet or infrastructure failures.

We do not warrant that any members uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:

1.     If the breach relates to goods:

o    The replacement of the goods or the supply of equivalent goods;

o    The repair of such goods;

o    The payment of the cost of replacing the goods or of acquiring equivalent goods; or

o    The payment of the cost of having the goods repaired; and

2.     If the breach relates to services:

o    The supplying of the services again; or

o    The payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if,

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

You may close your account at any time by logging into your account, clicking on the hyperlink titled 'cancel account', which appears at the following address: http://www.createtuouse.com/account/settings, and by clicking on the button titled 'yes, i'm serious - really, really cancel my account' that appears on the subsequent web page.

This service may contain translations powered by google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.