TERMS OF SERVICE
Thank you for your interest in CreateSafe, Inc. (CreateSafe,” “we,” the “Company”, or “us”). The terms of use set out below represent the terms and conditions applicable to the use of the triniti.plus or droplink.io websites (together, the “Site”) and the services provided in connection therewith, including but not limited to accessing our application programming interface (together, with the Site, our “Service”). These terms of use are a legally binding contract between you and CreateSafe regarding your use of the Service. If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE REFERENCED PRIVACY POLICY (TOGETHER, THESE “TERMS”). THE SERVICE IS PROVIDED “AS IS” AND WITH ALL FAULTS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE WARRANTIES IMPLIED BY LAW.
Eligibility and Authority. You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended from using the Service; (c) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and you are not listed on any U.S. Government list of prohibited or restricted parties; and (d) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of another person, entity, organization, or company, for example as an employee or agent of that person, entity or organization, you represent and warrant that you are an authorized representative with the authority to bind that person, entity or organization to these Terms and you agree to be bound by these Terms on behalf of that person, entity or organization.
Accounts and Registration. Certain features of the Service may enable you to register. When you register, you will be required to provide us with some information about yourself, your company or your agency, such as your e-mail address or other contact information and the nature of your agency or organization. You agree that any such information you provide will be accurate and up-to-date at all times. If you have reason to believe that your account is no longer up-to-date, then you must notify us at concierge@createsafe.io immediately upon becoming aware of such security issue or inaccuracy.
Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international rule or law;
use the Service in connection with research, development, or offering any service that competes, or could reasonably be expected to compete in the future, with the Service;
obtain, attempt to obtain, or redistribute any Materials (defined below) or information available through the Service through any means not intentionally made available by CreateSafe, including by any form of automated access, scraping, or similar process, without CreateSafe’s express written permission;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law notwithstanding this limitation;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) transmitting or otherwise making available in connection with the Service and/or Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with, overburdening, or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
forward any data generated from the Service and/or Site without the prior written consent of CreateSafe;
transfer or assign your Service accounts' password, even temporarily, to a third party;
sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this Section 3, or assist or permit any person to engage in any of the acts described in this Section 3.
Termination of Use; Discontinuation and Modification of the Service. To the fullest extent permitted under applicable law, CreateSafe may, in its sole discretion, terminate your user account on the Service or suspend or terminate your access to the Service at any time if you violate any provision of these Terms, or if we no longer provide any part of the Service or for any other reason, with or without notice. You acknowledge and agree that upon such termination, CreateSafe may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service. Further, you agree that, to the fullest extent permitted by applicable law, CreateSafe will not be liable to you or any third party for any termination of your access to the Service or deletion of your account-related information. To the fullest extent permitted under applicable law, we also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. You may terminate your account at any time by contacting customer service at concierge@createsafe.io.
Third-Party Services and Linked Websites. CreateSafe may provide tools through the Service that enable you to export information to third party services, including through features that allow you to link your account on CreateSafe with an account on a third party site or service (“Linked Sites”). By using one of these tools, you agree that we may transfer that information to such third-party site or service. CreateSafe does not control or endorse any such Linked Sites or the information, material, products or services contained on or accessible through them, and we are not responsible for any third party service’s use of your exported information.
Privacy Policy & Additional Terms. Please read the Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The CreateSafe Privacy Policy is incorporated by this reference into, and made a part of, these Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
Notices. Except as explicitly stated otherwise, legal notices may be served on CreateSafe by registered mail sent to CreateSafe Inc., 1880 Century Park E, Los Angeles, CA, 90067. Legal notices will be served on you by the email address you provide during the registration process if you are a registered user or by posting through the Service if you are not. Notice by email will be deemed given 24 hours after email is sent, unless CreateSafe receives notice that the email address is invalid. Notice given by either party by mail will be deemed given four days after the date of mailing. Notice by posting on the Service will be deemed given 30 days after it is initially posted. This section is without prejudice to requirements on serving notice under any applicable law.
Modification of Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time, from time to time. If CreateSafe modifies these Terms, such modifications will be published through the Service and CreateSafe may elect to notify you of such modifications by email or other means. Please check these Terms periodically for changes. Immaterial modifications to these Terms are effective upon publication. Material modifications to these Terms are effective 30 days after they are made available through the Service, except that disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood, and agreed to the version of these Terms current at the time of your usage.
Ownership; Proprietary Rights. The Service is owned and operated by CreateSafe. You acknowledge and agree that the visual interfaces, graphics, designs, compilations, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by CreateSafe are protected by intellectual property and other laws. All Materials contained in the Service are the property of CreateSafe or our third-party licensors. Except as expressly authorized by CreateSafe, you may not make use of the Materials. CreateSafe or our third-party licensors reserve all rights to the Materials not granted expressly in these Terms. You may from time to time submit content, data or information, including in the form of feedback or suggestions, (hereinafter, “Content”) to be included in, used as an input into or otherwise used in connection with, the Service. When you submit Content to be so used or published on or in the Service, you represent and warrant that you own all ntellectual property rights in the Content; that you are permitted to publish the Content and to permit CreateSafe to publish the Content and exploit all intellectual property rights in and to the Content. CreateSafe receives no ownership rights in and to the Content that you submit. However, by submitting Content to CreateSafe, you hereby grant CreateSafe and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to CreateSafe in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at CreateSafe’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless CreateSafe provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize CreateSafe to be your agent). CreateSafe retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. CreateSafe does not guarantee that all Content will be published, in general or for any limited time.
Hold Harmless. You agree that you will be responsible for your use of the Service, and you agree to indemnify and hold CreateSafe harmless from and against all losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of or related to your violation of any portion of these Terms or any applicable law or regulation, to the fullest extent permissible pursuant to applicable law. Further, if you are using the Service as an agent for another person, entity or organization, you agree to indemnify and hold CreateSafe harmless from and against all losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of or related to a claim against CreateSafe from that person, entity or organization based on your use of the Service, to the fullest extent permissible pursuant to applicable law.
Links are not Endorsements. CreateSafe has not reviewed any of the websites or data sources linked to the Site and is not responsible for the contents of any such linked content. The inclusion of any link does not imply endorsement by the Site or CreateSafe of the content associated with such link.
Disclaimers; No Warranties. THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, OTHER THAN THOSE WARRANTIES IMPLIED BY LAW, SUCH AS LEGAL GUARANTEES OF CONFORMITY FOR GOODS OFFERED TO CONSUMERS IN THE EU. CreateSafe DISCLAIMS ALL WARRANTIES (OTHER THAN THOSE WARRANTIES IMPLIED BY LAW), INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CreateSafe MAKES NO REPRESENTATIONS OR WARRANTIES THAT IT OWNS THE COPYRIGHTS, TRADEMARKS, OR OTHER INTELLECTUAL PROPERTY RIGHTS IN AND TO ALL FEATURES, MARKS, OR CONTENT ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CreateSafe DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE SERVICE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability. IN NO EVENT WILL CreateSafe BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CreateSafe HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU AGREE THAT IF ANY LAWSUIT OR COURT PROCEEDING IS PERMITTED UNDER THESE TERMS, THE AGGREGATE LIABILITY OF CreateSafe IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO CreateSafe FOR USE OF THE SERVICE OR (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. FURTHERMORE, NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT CreateSafe’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION DOES NOT EXCLUDE OR LIMIT THE PARTIES’ LIABILITIES FOR LIABLITIES THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. NOTHING IN THESE TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER.
Release. In the event that you have a dispute with CreateSafe regarding the Service, regardless of the nature of such dispute, you release CreateSafe (including its affiliates, directors, officers, employees, contractors, advisors and agents), from claims, losses, damages, and liabilities, including legal fees and expenses (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, to the fullest extent permissible under applicable law. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Governing Law These Terms are governed by the laws of the State of California, USA without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and CreateSafe agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Las Angeles County, California, USA for the purpose of litigating any dispute, to the fullest extent permissible pursuant to applicable law. If you are a consumer located in the EU, such jurisdiction of the Las Angeles County courts or State or Federal courts located within Las Angeles will be non-exclusive.
Entire Agreement.These Terms, together with the Privacy Policy and any Additional Terms, are the entire and exclusive understanding and agreement between you and CreateSafe regarding your use of the Service. Except as expressly permitted above, these Terms may be amended or supplemented only by a written agreement by the parties (including by a written contract for specific services entered into by you and CreateSafe). You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms to a successor to our business at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 3, 5, 6, and 8 through 21 will survive.
Dispute Resolution and Arbitration. In the interest of resolving disputes between you and CreateSafe in the most expedient and cost effective manner, you and CreateSafe agree that every dispute arising in connection with these Terms will, unless you are a consumer located in the EU, be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CreateSafe ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
Exceptions. Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and CreateSafe will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by contacting CreateSafe.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). CreateSafe’s address for Notice is: CreateSafe Inc., 1880 Century Park E, Los Angeles, CA, 90067. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or CreateSafe may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or CreateSafe must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, CreateSafe will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by CreateSafe in settlement of the dispute prior to the arbitrator’s award; or (iii) $1000.
Fees. If you commence arbitration in accordance with these Terms, CreateSafe will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Las Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse CreateSafe for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND CreateSafe AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CreateSafe agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permissible pursuant to applicable law.
Modifications. If CreateSafe makes any future change to this arbitration provision (other than a change to CreateSafe’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to CreateSafe’s address for Notice, in which case your account with CreateSafe will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us, to the fullest extent permitted under applicable law and as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
Copyright. All intellectual property rights in and to the Site, the Service and its database, including copyrights, trademarks, industrial designs, patents and trade secrets – are either the exclusive property of CreateSafe or its affiliates or are exclusively licensed to CreateSafe.
Contact Information. You may contact us by sending correspondence to 1880 Century Park E, Los Angeles, CA, 90067 or by emailing us at concierge@createsafe.io.