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Terms and Conditions
CREATIVE AGREEMENT
This agreement is between Creative Link Local (also known as C-Link or as C|LINK) and you as the maker of custom goods or provider of custom services who is subscribing to or otherwise utilizing Creative Link Local (the "Site"). Every"creative professional" must read and accept all the terms in this Agreement, Creative Link Local's 'Privacy Policy' and 'General Terms of Use'.Your use of the Creative Link Local website, located at C-linklocal.com, constitutes your acceptance of all the terms of this Agreement, Privacy Policy and General Terms of Use.If you do not agree to the terms of this Agreement, Privacy Policy and General Terms of Use , please do not use this Site or become a 'Creative'.
- Purpose of Creative Link Local Creative Link Local is an online network designed to connect makers of custom goods ("Creative or Creatives") with consumers who wish to commission and purchase custom goods ("Patrons " and, together with Creative, "Users").On and through the Site,Patrons may access information about Creatives.Outside of Creative Link Local,Creatives and Patrons can communicate with each other to form an agreement whereby the Creative will create and deliver a custom good("project") to the Patron unless Patron opts for the "Creative Link Concierge Service".In this case, Creative Link Local facilitates the first communication between Patron and Creative.
- Eligibility to use the Site The Site is available only to legal entities and to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you accept this Agreement on behalf of a company of other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, "Creative", "you" and "your" will refer and apply to that company or other legal entity. Without limiting the foregoing, the Site is not available to temporarily or indefinitely suspended Users. Nothing in this Agreement precludes a Creative from engaging with Creative Link Local on the Site as a Patron as long as the Creative opens a separate account designated for Patrons and signs the Patron Agreement.
- Role of Creative Link Local If a Creative accepts a Patron's project, a legally binding services contract is formed directly between such Creative and Patron ("Project Agreement"), subject to any additional terms and conditions that Creative and Patron may agr ee upon. Creative Link Local is not party nor otherwise contractually bound to any party to the Project Agreement between Creatives and Patrons. Creative Link Local itself does not deliver any goods or services, nor does Creative Link Local make any representations, warranties or guaran tees regarding the quality thereof, except as may be otherwise explicitly set forth by Creative Link Local. Creative expressly acknowledges, agree s and understands that: (i) the Site is merely a venue where persons may act as Creative and Patron; (ii) Creative Link Local is not a party to any project a greements between Creatives and Patrons; (iii) Creative recognizes, acknowledges and agrees that he/she/it is not anemployee of Creative Link Local and that Creative Link Local does not, in any way, supervise, direct, or control Creative's work or services; (iv) Creative Link Local shall not have any liability or obligations under or related to project agreements of any acts or omissions by Patrons; (v) Creative Link Local has no control over Patrons; (vi) Creative Link Local makes no representations as to the reliability, capability, or qualifications of any Creative or Patron or the quality, security, or legality of any Project delivered by a Creative, and Creative Link Local disclaims any and all liability relating thereto; (vii) Creative Link Local is not responsible for collecting or remitting sums owed by Patron to Creative.
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General Creative Performance Creative Link Local expects a consistent and high level or courtesy, respect, and professionalism from all of its Users towards each other and reserves the right, it its sole discretion, to expel any User from its network at any time for any reason. Creative agrees to accurately represent the items and services that Creatives showcase on the Site. When Creative procures a Patron, Creative and Patron may enter into a Project Agreement that both parties are expected to honor. Creative Link Local is not a party to the project agreement. Creative agrees that Creative is the merchant of record for all transactions procured through the Site. Creative will promptly deliver the Project purchased by the Patron unless (a) the Patron fails to meet the terms of the Project Agreement (such as payment method), or (b) Creative cannot authenticate the Patron's identity. Pursuant to Creative Link Local's General Terms of Use, the Patron is obligated to deliver appropriate payment for items and projects purchased, unless there is an exceptional circumstance as described in our General Terms of Use.
Creative Link Loc al expects Creatives to consistently provide service that results in a high level of Patron satisfaction. For Creatives, thi s includes adhering to Project Agreements, as well as informal, "common-sense" obligations to provide goods and services to Patrons. Creatives are required to insure all projects that it ships to Patrons. Creatives who do not meet these requirements and obligations are creating bad Patron experiences. Creative Link Local may terminate account privileges of any Creative who creates bad Patron experiences.
Creatives agree to use good judgment when posting information or other content regarding Patrons, Creative Link Local or any other third party anywhere within the Site. Creatives may be held legally responsible for damages suffered by other Users, Creative Link Local or any third party as a result of legally actionable or defamatory comments, remarks or other information or content posted to the Site. Creatives are to comply with any policies that are incorporated into this Agreement by reference. These policies may be modified from time to time at Creative Link Local's discretion and the current effective policy will be deem ed to be part of this Agreement. Under federal law, Creative Link Local is not legally responsible for any remark, information or other content posted or madeavailable on the Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Creative Link Local is not responsible for and does not monitor or censor content for accuracy. However,Creative Link Local reserves the right to remove or restrict access to any information or content posted or made available on the Site if ordered to do so by a court or if Creative Link Local considers such information or content to be inviolation of this Agreement. Violation of the Agreement may result in suspension or termination. Creative Link Local reserves the right to edit for length, spelling or grammar on Creative's profile including but not limited to the professional biography.
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4.1 Identity
All identity information associated with the Creative and its account on the Site ("Artist Profile") must be real and verifiable. Each Artist Profile must be used by only one person and each person is allowed to use only one Artist Profile. Creative Link Local reserves the right to validate Creatives' information at any time, including but not limited to the verification of one or more official government or legal document s that confirm the Creative's identity but Creative Link Local has no duty or obligation to verify the accuracy of an Artist Profile. Failure to provide identity verification when requested is a violation of this Agreement. The Creative is solely responsible for ensuring and maintaining the secrecy and security of his/her/its Creative Link Local password. Creative agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Creative Link Local. Creatives will not allow third parties to perform any action, including but not limited to, responding to project requests made by Patrons, uploading content of otherwise utilizing the Creative's account.
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4.2 Managing Project Agreements
Creatives agree to regularly review and respond promptly to communications from the Patron.
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4.3 Failure to Deliver Projects
Except where expressly provided herein, if Creative fails to deliver Projects purchased by a Patron in a timely manner or as described in the Project Agreement, Creative's account may be suspended, restricted or canceled at the discretion of Creative Link Local.
- Enforcement of Creative Agreement Creative Link Local has the right, but not the obligation, to suspend, restrict or cancel Creative's account if it believes that he/she/it violated or acted inconsistently with the letter or spirit of this Agreement or violated Creative Link Local's rights or those of another party or for any other reason. Without limiting Creative Link Local's other remedies, we may suspend, restrict or cancel Creative's account if (a) Creative breaches any terms and conditions of this Agreement or other written policies and procedures posted on the Site; (b)we are unable to verify or authenticate any information Creative provides to us; or (c) we believe that Creative's actions may cause legal liability for other Creatives, our Users, or for Creative Link Local. Once suspended, restricted, or cancelled, Creative MAY NOT continue to use the Creative Link Local service under a different account or re-apply under a new account name. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Creative Link Local reserves the right to terminate any Creative for any reason, at its sole discretion, and refuse to provide registration and membership to the Creative in the future.
- Release Creative agrees to release Creative Link Local and our officers, directors, agents, subsidiaries, contractors, suppliers and employees from any and all past, present or future claims, demands and damages (direct, actual, consequential, general,special, indirect,incidental, compensatory or punitive)of every kind and nature, known and unknown, arising out of or in any way connected with any disputes the Creative may have with Creative Link Local or Users of the Site.
- Intellectual Property All content included in this Site, including but not limited to text, graphics,artwork,video, interfaces, logos, button icons, images, data compilation,software,electronic files, and the compilation thereof is the exclusive property of Creative Link Local or its content and software suppliers and is protected by the United States and international copyright laws. Creative Link Local may terminate account privileges of any Creative who infringes the copyright rights of others upon receipt of proper notification by Creative Link Local from the copyright owner's legal agent.
- Content Creative agrees to be solely responsible for his/her/its conduct and activities on and regarding the Site and any and all data, text, information, images,photographs, video, items and links (together, "content") that Creative submits to the Site. Creative will not: (i) submit false, inaccurate, misleading, obscene,defamatory or libelous content; (ii) falsely, state or otherwise misrepresent Creative's affiliation with any person or entity, through for example, the use of similar email address or creation of false account(s); (iii) infringe upon or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity of privacy ; (iv)transmit any code that may damage, detrimen tally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (v) modify, adapt, or hack the Site or falsely imply that any other website is associated with Creative Link Local; or (vi) create any liability for Creative Link Local to any third party of cause Creative Link Local to lose (in whole or part) the services of Creative Link Local's ISPs or other suppliers.
- License to Creative Link Local Creative Link Local does not claim any ownership rights in Creative's Content. When Creative submits Content to the Site, Creative grants Creative Link Local anon-exclusive, worldwide, perpetual, irrevocable, royalty -free, sub licensable (through multiple tiers) license to exercise any and all copyright, trademark, publicity, and database rights that Creative has in the Content, in any media known now in the future. Creative agrees to allow Creative Link Local to store or re-format the Content on the Site and display the Content in any way Creative Link Local chooses in its sole discretion. Creative agrees to allow Creative Link Local to use the Content in advertising a nd marketing, and to display the Content other websites in connection with Creative Link Local's activities on the other websites. Creative Link Local will only use personal information in accordance with Creative Link Local's privacy policy. As part of a transaction, Creative may obtain personal information, including e-mail address and shipping information from a Patron. Without obtaining prior permission from the Patron, this personal information shall only be used for that transaction or for Creative Link Local-related communications. Creative Link Local has not granted Creative a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, Creative is not licensed to utilize any User's email or physical mailing address.
- WARRANTY DISCLAIMER CREATIVE LINK LOCAL MAKES NO EXPRESS REPRSENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, WORK PRODUCTS, CREATIVE LINK LOCAL RESOURCES, SITE, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT, ALL OF WHICH ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE LINK LOCAL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, CREATIVE AGREES THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY CREATIVE FROM CREATIVE LINK LOCAL SHALL CREATE ANY WARRANTY OF ANY KIND NO EXPRESSLY MADE HEREIN.
- LIMITATION OF LIABILITY IN NO EVENT SHALL CREATIVE LINK LOCAL AND (AS APPLICABLE) CREATIVE LINK LOCAL'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CREATIVE LINK LOCAL CONSULTANTS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, DIRECT, ACTUAL, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, AND/OR INCIDENTAL ARISING OUT OF OR RELATING TO THE CONDUCT OF ANY USER CONNECTION WITH THE USE OF THE SITE, CREATIVE LINK LOCAL'S SEVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- Indemnity Creative agrees to indemnify and hold Creative Link Local and (as applicable) Creative Link Local's parent, subsidiaries, affiliates, officers, directors, consultants, suppliers, agents and employees harmless from any liabilities, claims, demands, copyright violation or intellectual property rights violation including reasonable attorneys' fees and court litigation expenses, made by any third party due to or arising out of Creative's conduct or a breech of this Agreement, Privacy Policy or the General Terms of Use, or failure to deliver project in accordance with Creative's agreement with Patron, o r Creative's violation of any law or the rights of a third party.
- No Guarantee Creative Link Local does not guarantee continuous, uninterrupted access to the Site or any of the Site's features, and operation of the Site may be interfered with by numerous factors outside Creative Link Local's control.
- Legal Compliance Creative agrees to comply with all applicable domestic and internatio nal laws, statutes, ordinances and regulations regarding Creative's use of Creative Link Local's services.
- No Agency Creative and Creative Link Local are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
- Modification We reserve the right to modify the Agreement at any time by posting an amended Agreement that is always accessible on the site's home page and by giving you prior notice to such a mendment. Your continued use of the site after notice of modification indicates your acceptance of the amended Agreement.
- State Law Creative agrees that, in the event of a dispute with Creative Link Local, the case will be tried and adjudicated only in Hamilton County, Ohio. Ohio law shall apply to the terms of this Agreement, to the Privacy Policy and to the General Terms of Use. Creative expressly agrees to submit to the jurisdiction of the courts of Hamilton County, Ohio.
- Entire Agreement This is the entire agreement between the parties hereto considering the subject matter hereof and supersedes all prior agreements or understandings, oral and written, among the parties hereto with respect to the subject matter hereunder.
- Severability and Waiver If a ny provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect. No inaction on the part of either party regarding any right hereunder shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof.
- Binding Affect This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective permitted successors, assigns and transferees.
CREATIVE AGREEMENT
This agreement is between Creative Link Local(also known as C-Link or as C|LINK) and you as the consumer of goods or consumer of custom services who is subscribing to or otherwise utilizing Creative Link Local (the “Site”).Every “Patron” must read and accept all the terms in this agreement, Creative Link Local’s ‘Privacy Policy’ and ‘General Terms of Use’.Your use of the Creative Link Local website, located at C-linklocal.com, constitutes your acceptance of all the terms of this Agreement, Privacy Policy and General Terms of Use. If you do not agree to this Agreement, Privacy Policy and General Terms of Use, please do not use this Site or become a “Patron”.
- Purpose of Creative Link Local Creative Link Local is an online network designed to connect makers of custom goods (“Creative” or “Creatives”) with consumers who wish to commission and purchase custom goods (“Patrons” and, together with Creative, “Users”).On and through the Site, Patrons may access information about Creatives Outside of Creative Link Local, Creatives and Patrons can communicate with each other to form an agreement whereby the Creative will create and deliver a custom good(“project”) to the Patron unless Patron opts for the “Creative Link Concierge Service”.In this case, Creative Link Local facilitates the first communication between Patron and Creative.
- Eligibility to use the Site The Site is available only to legal entities and to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you accept this Agreement on behalf of a company of other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement and, in such event, “Patron”, “you” and “your” will refer and apply to that company or other legal entity. Without limiting the foregoing, the Site is not available to temporarily or indefinitely suspended Users. Nothing in this Agreement precludes aPatron from engaging with Creative Link Local on the Site as a Creative as long as the Patron opens a separate account designated for Creatives and signs the Creative Agreement.
- Role of Creative Link Local If a Patron accepts a Patron’s project, a legally binding services contract is formed directly between such Patron and Creative(“Project Agreement”), subject to any additional terms and conditions that Patron and Creative may agree upon.Creative Link Local is not party nor otherwise contractually bound to any Party to the Project Agreement between Creatives and Patrons.Creative Link Local itself does not deliver any goods or services, nor does Creative Link Local make any representations, warranties or guarantees regarding the quality thereof, except as may be otherwise explicitly set forth by Creative Link Local.Patron expressly acknowledges, agree sand understands that: (i) the Site is merely a venue where persons may act as Creative and Patron; (ii) Creative Link Local is not a party to any project agreements between Creatives and Patrons; (iii) Patron recognizes, acknowledges and agrees that he/she/it is not an employee of Creative Link Local and that Creative Link Local does not, in any way, supervise, direct, or control Creative’s work or services; (iv) Creative Link Local shall not have any liability or obligations under or related to project agreements of any acts or omissions by Users; (v) Creative Link Local has no control over Creatives; (vi) Creative Link Local makes no representations as to the reliability, capability, or qualifications of any Creative or Patron or the quality, security, or legality of any Project delivered by a Creative, and Creative Link Local disclaims any and all liability relating thereto; and (vii) Creative Link Local is not responsible for collecting or remitting sums owed by Patron to Creative.
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General Patron Performance Creative Link Local expects a consistent and high level or courtesy, respect, and professionalism from all of its Users towards each other and reserves the right, in its sole discretion, to expel any User from its network at any time, for any reason. Patron will promptly deliver payment to the Creative for any item or service purchased unless (a) the Creative fails to meet the terms of the Project Agreement (such as payment method), or (b)Patron cannot authenticate the Creative’s identity. Pursuant to Creative Link Local’s General Terms of Use, the Patron is obligated to deliver appropriate payment for items and projects purchased, unless there is an exceptional circumstance as described in our General Terms of Use.
Creative Link Local expects Creatives to consistently provide service that results in a high level of Patron satisfaction.
Patron agrees to use good judgment when posting information or other content regarding Creatives, Creative Link Local or any other third party anywhere within the Site.Patrons may be held legally responsible for damages suffered by other Users, Creative Link Local or any third party as a result of legally actionable or defamatory comments, remarks or other information or content posted to the Site. Patrons are to comply with any policies that are incorporated into this A greement by reference. These policies may be modified from time to time at Creative Link Local’s discretion and the current effective policy will be deemed to be part of this Agreement. Under federal law, Creative Link Local is not legally responsible for any remark, information or other content posted or made available on the Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Creative Link Local is not responsible for and does not monitor or censor content for accuracy. However, Creative Link Local reserves the right to remove or restrict access to any information or content posted or made available on the Site if ordered to do so by a court or if Creative Link Local considers such informati on or content to be in violation of this Agreement. Violation of the Agreement may result in suspension or termination.
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4.1 Identity
All identity information associated with the Patron and its account on the Site must be real and verifiable.Each Patron account must be used by only one person and each person is allowed to use only one account. Creative Link Local reserves the right to validate Patron information at any time, including but not limited to the verification of one or more official government or legal.documents that confirm the Patron’s identity but Creative Link Local has no duty or obligation to verify the accuracy of a Patron’s Profile.Failure to provide identity verification when requested is a violation of this Agreement. The Patron is solely responsible for ensuring and maintaining the secrecy and security of his/her/its Creative Link Local password. Patron agrees not to disclose this password to any third party and shall be olely responsible for any use of or action taken through the use of such password on Creative Link Local.Patron will not allow third parties to perform any action, including but not limited to, inquiring about projects to Creatives, uploading content of otherwise utilizing the Patron’s account.
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4.1 Managing Project Agreements
Patron agrees to regularly review and respond promptly to communications from the Creative.
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4.2 Failure to Pay
Except where expressly provided herein, if Patron fails to pay amount due under this Agreement or Contract,Patron’s account may be restricted, suspended or cancelled, no additional payments may be processed, and any work-in-progress may be stopped by the Creative.
- Enforcement of Patron Agreement Creative Link Local has the right, but not the obligation, to suspend, restrict or cancel Patron’s account if it believes that he/she/it violated or acted consistently with the letter or spirit of this Agreement or violated Creative Link Local’s rights or those of another party or for any other reason. Without limiting Creative Link Local’s other remedies, we may suspend, restrict or cancel Creative’s account if (a) Patron breaches any terms and conditions of this Agreement or other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information Patron provides to us; or (c) we believe that Patron’s actions may cause legal liability for other Patrons, our Users, or for Creative Link Local. Once suspended, restricted, or cancelled, Patron MAY NOT continue to use the Creative Link Local service under a different account or resubscribe under a new account name. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Creative Link Local reserves the right to terminate any Patron for any reason, at its sole discretion,and refuse to provide registration and membership to the Creative in the future.
- Release Patron agrees to release Creative Link Local and our officers, directors, agents,subsidiaries, contractors, suppliers and employees from any and all past, present and future claims, demands and damages (direct,actual,consequential,general,special, indirect, incidental,compensatory or punitive) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes the Patron may have with Creative Link Local or Users of the Site.
- Intellectual Property All content included in this Site, including but not limited to text, graphics,artwork,video, interfaces, logos, button icons, images, data compilation,software,electronic files, and the compilation thereof is the exclusive property of Creative Link Local or its content and software suppliers and is protected by the United States and international copyright laws. Creative Link Local may terminate account privileges of any Patron who infringes the copyright rights of others upon receipt of proper notification by Creative Link Local from the copyright owner’s legal agent.
- Content Patron agrees to be solely responsible for his/her/its conduct and activities on and regarding the Site and any and all data, text, information, and links (together, “content”) that Patron submits to the Site.Patron will not: (i) submit false, inaccurate, misleading, obscene, defamatory or libelous content; (ii) falsely, state or otherwise misrepresent Patron’s affiliation with any person or entity, through for example, the use of similar email address or creation of false account(s); (iii) infringe upon or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity of privacy; (iv) transmit any code that may damage, detrimentally interfere with,surreptitiously intercept or expropriate any system, data, or personal nformation;(v) modify, adapt, or hack the Site or falsely imply that any other website is associated with Creative Link Local; or (vi) create any liability for Creative Link Local to any third party of cause Creative Link Local to lose (in whole or part) the services of Creative Link Local’s ISPs or other suppliers.
- License to Creative Link Local Creative Link Local does not claim any ownership rights in Patron’s Content.When Patron submits Content to the Site, Patron grants Creative Link Local a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable(through multiple tiers) license to exercise any and all copyright, trademark,publicity, and database rights that Patron has in the Content, in any media known now in the future. Patron agrees to allow Creative Link Local to store or re-format the Content on the Site and display the Content in any way Creative Link Local chooses in its sole discretion.Patron agrees to allow Creative Link Local to use the Content in advertising and marketing, and to display the Content other websites in connection with Creative Link Local’s activities on the other websites. Creative Link Local will only use personal information in accordance with Creative Link Local’s privacy policy. As part of a transaction, Patronay obtain personal information, including e-mail address and shipping information from a Creative. Without obtaining prior permission from the Creative, this personal information shall only be used for that transaction or for Creative Link Local-related communications. Creative Link Local has not granted Patron a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User,Patron is not licensed to utilize any User’s email or physical mailing address.
- WARRANTY DISCLAIMER CREATIVE LINK LOCAL MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES, WORK PRODUCTS,CREATIVE LINK LOCAL RESOURCES, SITE, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE LINK LOCAL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION,PATRON AGREES THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY PATRON FROM CREATIVE LINK LOCAL SHALL CREATE ANY WARRANTY OF ANY KIND NO EXPRESSLY MADE HEREIN.
- LIMITATION OF LIABILITY IN NO EVENT SHALL CREATIVE LINK LOCAL AND (AS APPLICABLE) CREATIVE LINK LOCAL’S SUBSIDIARIES, OFFICERS, DIRECTORS,EMPLOYEES OR CREATIVE LINK LOCAL CONSULTANTS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,ACTUAL,INDIRECT, GENERAL, SPECIAL, COMPENSATORY,PUNITIVE,CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANY USER CONNECTION WITH THE USE OF THE SITE, CREATIVE LINK LOCAL’S SEVICES, OR THIS AGREEMENT,INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY,EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- Indemnity Patron agrees to indemnify and hold Creative Link Local and (as applicable)Creative Link Local’s parent, subsidiaries, affiliates, officers, directors,consultants, suppliers, agents and employees harmless from any liabilities,claims or demands,copyright violation or intellectual property rights violation including reasonable attorneys’ fees and court litigation expenses, made by any third party due to or arising out of Patron’s conduct or abreach of this Agreement or Privacy Policy or the General Terms of Use, or failure to deliver payment in accordance with Patron’s agreement with Creative, or Patron’s violation of anylaw or the rights of a third party.
- No Guarantee Creative Link Local does not guarantee continuous, uninterrupted access to the Site or any of the Site’s features, and operation of the Site may be interfered with by numerous factors outside Creative Link Local’s control.
- Legal Compliance Patron agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Patron’s use of Creative Link Local’s services.
- No Agency Patron and Creative Link Local are independent entities, and no agency,partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.
- Modification We reserve the right to modify the Agreement at any time by posting an amended Agreement that is always accessible on the site’s home page and by giving you prior notice to such amendment. Your continued use of the site after notice of modification indicates your acceptance of the amended Agreement.
- State Law Patron agrees that, in the event of a dispute with Creative Link Local, the case will be tried and adjudicated only in Hamilton County, Ohio. Ohio law shall apply to the terms of this Agreement, to the Privacy Policy and to the General Terms of Use.Patron expressly agrees to submit to the jurisdiction of the courts of Hamilton County, Ohio.
- Entire Agreement This is the entire agreement between the parties hereto considering the subject matter hereof and supersedes all prior agreements or understandings, oral and written, among the parties hereto with respect to the subject matter hereunder.
- Severability and Waiver If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect. No inaction on the part of either party regarding any right hereunder shall constitute a waiver of any prior,concurrent or subsequent breach of the same or any other provision hereof.
- Binding Affect This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective permitted successors, assigns and transferees.
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