CreativeWilmington.com Privacy Policy

Notice

All notices to you may be given by any means including, but not limited to: (a) email; (b) conventional mail; (c) notices or messages posted on the Website; or (d) any other means by which you obtain notice thereof.

Access to Third Party Websites

CreativeWilmington.com is not responsible for the content of any third party website which you access through the Website. If you decide to access any such third party website, you do so entirely at your own risk.

Modifications to Terms and Privacy Policy

CreativeWilmington.com reserves the right to change the Terms and Privacy Policy from time to time. Such changes, modifications, additions or deletions shall be effective immediately, and CreativeWilmington.com will make reasonable efforts to notify you of such modifications by email to the address listed by the registered user, posting a notice that modifications have been made on the top or this page or on CreativeWilmington.com home page, or other means that CreativeWilmington.com believes is reasonable in the circumstances. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Website and these Terms and the Privacy Policy periodically and to be aware of any modifications. CreativeWilmington.com shall not be liable to you or any third party should CreativeWilmington.com exercise such right. Your continued use of the Website after such modifications will constitute your: (a) acknowledgement of the modified Terms and Privacy Policy; and (b) agreement to abide and be bound by the modified Terms and Privacy Policy.

Modification to Websites

CreativeWilmington.com reserves the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. Without limiting the foregoing, CreativeWilmington.com may, from time to time as it reasonably determines, change the pricing structure, or change its limitation on allowable file size; provided however, that CreativeWilmington.com will not retroactively make such changes which have been previously paid for by you. CreativeWilmington.com shall not be liable to you or any third party should CreativeWilmington.com exercise such right. CreativeWilmington.com will make reasonable efforts to notify you of such changes by way of email or posting a notice of such change on its Website and you acknowledge and agree that these are appropriate and reasonable methods of notifying me of such modifications. Please ensure that you attend to your email periodically and visit the Website periodically to check whether any modifications have been made.

Indemnification

You agree to indemnify and hold CreativeWilmington.com, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Website, which cause direct or indirect damage or harm to a third party.

Termination

Either you or CreativeWilmington.com may terminate your relationship with or without cause at any time. You agree that CreativeWilmington.com may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms. If CreativeWilmington.com reasonably suspects fraudulent, abusive or illegal activity, it will terminate your relationship with CreativeWilmington.com and we may refer such suspicions to appropriate law enforcement authorities.

Should you object to the Terms or Privacy Policy or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately: (a) discontinue use of the Website; (b) terminate your membership; and (c) notify CreativeWilmington.com of your termination.

CreativeWilmington.com shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

Disclaimers of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CREATIVEWILMINGTON.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CREATIVEWILMINGTON.COM MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CREATIVEWILMINGTON.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. CREATIVEWILMINGTON.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.

Limitation of Liability

CREATIVEWILMINGTON.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF CREATIVEWILMINGTON.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR AN AMOUNT GREATER THAN THE AGGREGATE AMOUNT YOU PAID TO CREATIVEWILMINGTON.COM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION.

General

The Terms shall be governed by and construed in accordance with the laws of the jurisdictions in which we operate and you agree to submit to the exclusive jurisdiction of the courts of the City of Wilmington, North Carolina.

If any provision(s) of the Terms or the Privacy Policy is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. CreativeWilmington.com's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless agreed to by CreativeWilmington.com in writing.

You agree that any cause of action arising out of or related to your use of the Website must commence within one (1) year after the cause of action arose.

The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

These Terms are binding upon and shall endure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without CreativeWilmington.com's prior written consent.

Billing and Services Fees

All fees will be charged directly to your credit card account and are due in advance of the service period. After the initial signup period for which you were initially charged, your account will be automatically charged every year unless you explicitly ask for the account to be terminated. CreativeWilmington.com does not provide refunds of any amount for any termination requests received after the yearly billing period has passed. Annual customers will be contacted prior to expiry of their memberships and will be given the opportunity to renew their accounts. As detailed above, CreativeWilmington.com reserves the right to change its fees in accordance with the section above entitled "Modification To Website And Service".

Termination and Refund Policy

All termination requests are to be made to CreativeWilmington by 910.619.9296, email mattdols@creativewilmington.com.

Upon Termination

(i) Fees prepaid for unused periods remaining are non-refundable;
(ii) Your portfolio will be terminated.

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