Terms of Service
Your use of and access to this website, application, and associated data (collectively referred to as CREETIQ as more fully defined in Section 2.1 below) is subject to these terms and conditions (“Terms”). You hereby accept these Terms by using or accessing CREETIQ. Unless otherwise indicated, the Terms below apply to all Users of CREETIQ.
ACCEPTANCE OF TERMS
These Terms are entered into by and between you and CREETIQ and/or, at CREETIQ’s discretion, one or more of its affiliates or parent company (“ZBM”). If you are using the CREETIQ on behalf of your employer, you accept these terms on your and your employer’s behalf (and any reference to “you” or “your” includes your employer) and represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify CREETIQ for violations of these Terms. If you do not agree to all of the terms herein or are dissatisfied with CREETIQ, your sole remedy is to stop using the CREETIQ.
DESCRIPTION OF CREETIQ
- The term “CREETIQ” means this website and any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials, products, services or technology owned by CREETIQ or its parent company (ZBM), affiliates, licensors, partners or end users or made available to you by CREETIQ directly or indirectly. ZBM controls and operates CREETIQ from various locations and makes no representation that the website is appropriate or available for use in any or all locations. CREETIQ may not be available in your location, and may also vary among locations. Upgrades, updates, maintenance and support of CREETIQ are provided at its sole discretion.
- Subject to these Terms, CREETIQ hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use CREETIQ as intended and permitted by CREETIQ solely for your personal, non-commercial use. You agree not to access or use the CREETIQ Property through any interface other than the one provided for such access and use. No other use is permitted without the prior written permission of CREETIQ and its parent company, ZBM. The permitted use described in this paragraph is contingent on your compliance at all times with these Terms.
- CREETIQ also offers specific service requiring payment. This service provides clients with reviews and ratings on CREETIQ. This payment however does not guarantee a favourable review or ratings on contents submitted by creatives on CREETIQ. We reserve the right to cease supporting any third party payment hardware or software platform at any time, with or without notice to you.
- As between you and CREETIQ, CREETIQ and its affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the ZBM group including, without limitation, any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the CREETIQ (other than rights to use CREETIQ as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest ZBM’s ownership of CREETIQ.
YOUR OBLIGATIONS AND CONDUCT; Payment, Fees, and Other Charges.
- In consideration of your use of the CREETIQ, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your CREETIQ account, if any, and on CREETIQ (the “Registration Data”); (b) maintain the security of your password and identification, if any; (c) maintain and promptly update the Registration Data, and any information you provide to CREETIQ, to keep it accurate, current and complete; (d) comply with these Terms and all applicable laws, rules and regulations; and (e) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access or otherwise use in connection with CREETIQ. You are responsible for all activities that occur using your password, user names and/or CREETIQ account, regardless of whether such activities are undertaken by you or a third party.
- You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the CREETIQ. You agree not to upload, post or otherwise transmit via CREETIQ information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to CREETIQ or other users of CREETIQ; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. CREETIQ reserves the right to edit or remove any information that violates these Terms or that contains third-party commercial advertisements.
- You agree that you will not use CREETIQ to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be CREETIQ or someone else, or spoof CREETIQ’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt CREETIQ or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the CREETIQ; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including, but not limited to, attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to CREETIQ any personal data about other users unless specifically authorized in writing by such users and CREETIQ.
- In addition to the other terms and conditions herein, any review or rating posted on CREETIQ by users shall be objective, unbiased and not coerced into posting on CREETIQ.
- If you elect to pay for reviews and ratings on CREETIQ, you agree to pay all associated fees and charges on a timely basis. Unless otherwise stated, any fee paid to CREETIQ is non-refundable. To be qualified to pay for review and ratings, you must be: (1) a resident of a country in which CREETIQ is authorized to receive payment; (2) legally capable of entering into a binding contract; and (3) at least 18 years of age (or if between 13 and 18 years of age, you must have the consent of a parent or legal guardian). All fees and charges will be charged to the payment method you provide (“Chosen Payment Method”). CREETIQ reserves the right to change its fee at any time, with or without notice to you.
- Upon successful payment and submission of your content, CREETIQ would have it (content) uploaded on its platform within 24 hours of confirmation. The reviews and ratings of our professional critics would appear subsequently. Your payment is a one-off payment per content and will terminate automatically after such time.
CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT
- You may find third party content and/or links to third party Internet sites or resources in or on CREETIQ. You acknowledge and agree that CREETIQ is not responsible for activities of third parties or the availability of such content or external third party sites or resources, and CREETIQ does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources or from third parties. CREETIQ will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services.
- You agree to indemnify and hold CREETIQ and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employees and representatives harmless from any claims made or brought by a third party, including, without limitation, lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable attorneys’ fees, due to, relating to or arising out of your content, property or any information or materials you provide or provided to CREETIQ, use of or access to CREETIQ by you and/or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees and representatives (including, without limitation, any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.
NOTICES; MODIFICATION AND TERMINATION OF CREETIQ
- CREETIQ may provide notice to you via email, regular mail, or posting notices or links to notices via CREETIQ. CREETIQ and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate CREETIQ (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms, these Terms and any and all of your rights to use or access CREETIQ shall immediately and automatically cease and terminate. CREETIQ will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the CREETIQ (or any part thereof or related information or files), or loss of related information.
ADVERTISEMENTS AND PROMOTIONS
- CREETIQ may run advertisements and promotions on the website, including, without limitation, on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than CREETIQ found on or through CREETIQ, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or company. CREETIQ is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements or promotions on CREETIQ.
INTELLECTUAL PROPERTY RIGHTS
- Except as expressly authorized by CREETIQ, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of CREETIQ, in whole or in part, by any means. You may not, for example, publish any portion of CREETIQ (or links thereto) on any internet, intranet or extranet site or incorporate CREETIQ in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software CREETIQ discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.
- “CREETIQ Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations CREETIQ uses in connection with its products and services. You agree to comply with CREETIQ’s trademark and logo usage requirements as may be in effect from time to time. You may not use, remove or alter any CREETIQ Trademarks, or co-brand your own products or material with CREETIQ Trademarks, without CREETIQ’s prior written consent. You acknowledge CREETIQ’s rights in CREETIQ Trademarks and agree that any use of CREETIQ Trademarks by you shall inure to CREETIQ’s sole benefit. You agree not to incorporate any CREETIQ Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
- CREETIQ is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on CREETIQ, please contact our Copyright Agent in accordance with our Copyright Policy which is available here and incorporated into these Terms.
- Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to CREETIQ or any other product, content, technology, intellectual property or service of CREETIQ or its affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use CREETIQ on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of CREETIQ or its affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from CREETIQ or its affiliates, licensors or partners.
DISCLAIMER OF WARRANTIES
- Your use of CREETIQ, including, without limitation, all advertisements and other content, is at your sole risk unless otherwise explicitly stated. CREETIQ and its affiliates, licensors, licensees, suppliers, customers and partners shall have no direct or indirect liability or responsibility arising from your use of or reliance on CREETIQ. CREETIQ is provided on an “as is,” “as available” and “with all faults” basis. CREETIQ disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement. CREETIQ makes no representations, warranties, conditions or guarantees as to the usefulness, quality, availability, suitability, truth, accuracy or completeness of CREETIQ.
- CREETIQ makes no warranty or representation that: (a) CREETIQ will be uninterrupted, accurate, complete, current, free of viruses or other harmful components, timely, secure, or error-free; (b) the results that may be obtained from the use of CREETIQ will be accurate, complete, current, free of viruses or other harmful components, timely, secure, error-free or reliable; (c) the quality of CREETIQ or products, services, content, information, or other material purchased or obtained from CREETIQ will meet your expectations or requirements; or (d) any errors or defects in CREETIQ will be corrected.
- You assume all risk for any damage to your computer system or property or loss of data that results from your use of CREETIQ (including, without limitation, damage caused by changes to CREETIQ), including any damages resulting from computer viruses.
LIMITATION OF LIABILITY
- To the fullest extent permitted by law, CREETIQ is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with CREETIQ, even if CREETIQ has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including, without limitation, damages due to: (a) the use of or the inability to use CREETIQ; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from CREETIQ; (c) statements or conduct of any third party, including, without limitation, unauthorized access to or alteration of transmissions or content, malicious or criminal behaviour, or false or fraudulent transactions; (d) death or personal injury or (e) content or information you may download, use, modify or distribute.
- To the extent that the applicable laws of any jurisdiction do not allow the exclusion or limitation of death or personal injury, direct, incidental or consequential damages, exclusion of statutory rights or damages for fraudulent misrepresentation, portions of the above limitation or exclusion may not apply, but only to the extent that the exclusion or limitation is not allowed by applicable laws.
- The Terms constitute the entire agreement between you and CREETIQ relating to the subject matters herein, and cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on CREETIQ unless in writing and signed by an authorized CREETIQ representative. CREETIQ reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. CREETIQ may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of CREETIQ after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You shall not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use CREETIQ or third-party products or services.
- You agree that any material breach of Sections 3, 4, 5, 6, 9 and 10 of the Terms will result in irreparable harm to CREETIQ for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, CREETIQ will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if CREETIQ seeks such an injunction.
- Lagos State Law and controlling federal law of the Federal Republic of Nigeria govern any action related to the Terms and/or your use of CREETIQ. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and CREETIQ agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Lagos, Nigeria.
- CREETIQ and products derived or obtained from CREETIQ may be subject to the federal export laws of Nigeria, rules and regulations and the export or import laws, rules and regulations of other countries. You agree to comply strictly with all such laws, rules and regulations and, in particular, shall: (a) obtain any export, re-export, or import authorizations required by Nigeria or your local laws; (b) not use CREETIQ or anything derived from CREETIQ to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide CREETIQ or anything derived from the CREETIQ to prohibited countries and entities identified in the federal export regulations of Nigeria.
- Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
- Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
- In the event of a conflict between these Terms and any other agreements between you and CREETIQ, CREETIQ shall determine in its discretion which terms shall govern.
- This English language version of these Terms governs your relationship with CREETIQ and any translations of the Terms into another language shall not be binding on CREETIQ.