Terms and Conditions of Creative Being Group Limited Services
The following terms and conditions (collectively, these "Terms and Conditions") apply to the content, products and services listed on, and your use of, www.creativebeing.com, including any content, functionality and services offered on or via www.creativebeing.com ( "Website") and through our applications ("Apps")' or via any other delivery methods to you. Such content, product and services are collectively referred to herein as the “Service” or “Services”.
Please read the Terms and Conditions carefully before you start using the service, because by using the Service you accept and agree to be bound and abide by these Terms and Conditions.
These Terms and Conditions are effective as of 26 July 2019. We expressly reserve the right to change these Terms and Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms and Conditions from time to time and to familiarise yourself with any modifications. Your continued use of this Service after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.
2) Conduct on our Services
Your use of the Services are subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Services.
By posting information in or otherwise using any communications service, chat room, message board, news group, software library, or other interactive Service that may be available to you on or through this Service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
Victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party
Constitutes unauthorised or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party
Impersonates any person or entity, including any of our employees or representatives
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Website. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Service.
However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions and any other rules of user conduct for our Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way.
We reserve the right to change our membership plans or adjust pricing for our Services at any time at our sole and absolute discretion. Any price changes or changes to your membership will take effect following notice to you.
You can unsubscribe from a membership or marketing communications by following the opt-out instructions in the app or email your request to email@example.com
4) Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of our Services at any time or for any reason at our sole discretion without notice.
We aim to offer you the best Service possible however we cannot guarantee the services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays.
Access to the services may be occasionally restricted to allow for repairs, maintenance or the introduction of new Services. We will restore the Service as soon as we reasonably can. We will not be liable if the Service is unavailable for a reasonable period of time.
5) Intellectual Property
By accepting these Terms and Conditions, you acknowledge and agree that all content presented to you through our Services is protected by copyrights, trademarks, Servicemarks, patents or other proprietary rights and laws, and is the sole property of Creative Being Group Limited.
You are only permitted to use the content as expressly authorised by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from these Services in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on these Services.
6) Third Party Websites
These Services may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive.
These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or party by us, or any warranty of any kind, either express or implied.
7) Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of our Services is at your sole risk. The Service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
The information contained in the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Creative Being Group Limited makes no claims, representations or guarantees that the Services provide a therapeutic or cognitive benefit. We are not liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to legal fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Service. Because the Service is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
Using our Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website or Applications, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the service. You hereby waive any rights or requirements under any statutes, regulations, rules, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You can unsubscribe from marketing communications by following the opt-out instructions in the app or email your request to firstname.lastname@example.org
9) Term and Termination
These Terms and Conditions will become effective in relation to you when you create a Creative Being account or when you start using the Services and will remain effective until terminated by you or by us.
Creative Being Group Limited reserves the right to terminate this Terms and Conditions or suspend your account at any time in case of unauthorised, or suspected unauthorised use of the Website or Applications whether in contravention of this Terms and Conditions or otherwise. If Creative Being Group Limited terminates this Terms and Conditions, or suspends your account for any of the reasons set out in this section, Creative Being Group Limited shall have no liability or responsibility to you.
You may cancel a membership at any time. Cancellation is effective at the end of the applicable period - this could be monthly, annually or as you otherwise subscribed to the Services. Please make any such cancellation request by following the instructions in the app function.
Creative Being Group Limited may assign this Terms and Conditions or any part of it without restrictions. You may not assign this Terms and Conditions or any part of it to any third party.
11) Governing Law
These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the United Kingdom without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service, the Website or App shall be instituted exclusively in the United Kingdom.