CreativeWilmington.com Terms of Use

Application

The following Terms and Conditions ("Terms") are applicable to CreativeWilmington. The CreativeWilmington.com website is referred to generically herein as the "Website". The services provided by CreativeWilmington.com via the Website (other than third party websites accessible via the Website) are subject to these Terms and any policies that may be published by CreativeWilmington.com from time to time. The Terms and any applicable policies comprise the entire agreement between you and CreativeWilmington.com and supersede all prior agreements regarding the subject matter contained herein.

Acceptance of Terms

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS.

Description of Service

CreativeWilmington.com makes various services available on the Website including, but not limited to, the capability to create and post digital files, for a fee of $25 per year. You are solely responsible for providing, at your own expense: (i) all equipment, including a computer and modem; and (ii) your own Internet access.

In order to access some of the services, you will require a separate account and password which can be obtained by completing the online registration form ("Registration Data") and maintaining and updating your Registration Data as required.

You grant CreativeWilmington certain Registration Data about you, which disclosure is more fully described in and governed by the Privacy Policy. We ask that you please read our Privacy Policy because it contains the terms and conditions of our personal information handling practices. In addition, our Privacy Policy is incorporated into, and forms a part of, these Terms and you will therefore be subject to the provisions contained in our Privacy Policy.

YOU AGREE NOT TO HOLD CREATIVEWILMINGTON.COM LIABLE FOR ANY DAMAGE TO, ANY DELETION OF OR ANY FAILURE TO STORE YOUR FILES, DATA OR REGISTRATION DATA. You further acknowledge that CreativeWilmington.com has a fixed upper limit on the amount of disk space that you may use, which limits are set out in the FAQ and administration sections of the Website.

Grant of Limited License

Subject to the license granted herein, you retain all rights in and to any of your material you upload to the Website. In order to enable CreativeWilmington.com to provide the Website, you grant CreativeWilmington.com and its designated licensees a non-exclusive, royalty free, worldwide right to copy, distribute, use in connection with the operation of the Website, such material, regardless of the medium, technology, or form in which it is used. Such use by CreativeWilmington.com may include, but will not be limited to, use of any information or images posted to the Website to be included as part of a screen option, demonstration or brochure for the purpose of promoting your material or the Website.

You acknowledge that CreativeWilmington.com may be required to compress or perform other technical processing of your uploaded files due to technical limitations on the Website.

Backup Copies of Images

The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although CreativeWilmington.com takes what we believe to be reasonable precautions to preserve and protect the material you upload to the Website, you should not rely on the Website as your only storage facility. You should preserve copies of your film negatives or slides, and backup copies of any digital data or information that you have uploaded.

Security of Your Account

You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities which occur under your account. You agree to immediately notify CreativeWilmington.com of any unauthorized use of your account.

Your Conduct

(a) Your use of the Website is subject to all applicable laws and regulations, including Netiquette.
(b) You agree not to upload or otherwise transmit through the Website any unlawful, harassing, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic, illegal or otherwise objectionable material of any kind or nature.
(c) You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
(d) You agree not to upload or otherwise transmit through the Website any material that: (i) infringes on any third party rights; and (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
(e) Your right to use the Website is personal to you. You agree not to resell or transfer your rights herein, without the express written consent of CreativeWilmington.com, which consent shall be at CreativeWilmington.com’s sole discretion.

Content

CreativeWilmington.com neither endorses nor assumes any liability for the contents of any material uploaded or submitted by third party users of the Website. The Website acts only as a passive conduit for online storage of materials uploaded or submitted to the Website. CreativeWilmington.com retains the right to delete content that it deems in its sole discretion to be objectionable, but makes no claim to ensure that all objectionable or illegal content will be removed from the Website. You hereby consent to such removal and waive any claim against CreativeWilmington.com arising out of such file removal.

You acknowledge and agree that, during the course of providing the Website, CreativeWilmington.com may be required to grant access to a third party and/or decrypt files in response to a court order or in response to a request from law enforcement or other government authority. You hereby consent to such legal production and waive any claim against CreativeWilmington.com arising out of such court order.

Copyright

The entire content of the Website in aggregate is owned by CreativeWilmington.com, and protected as a collective work under United States, Canadian, and international intellectual property laws, treaties and conventions, including the Berne Convention for the Protection of Literary and Artistic Works. Portions of the Website are provided to CreativeWilmington.com under license. The copying, reproduction, or publication of any part of the Website is prohibited, unless expressly authorized in writing by CreativeWilmington.com.

No copyrighted material may be uploaded or submitted to any Website by anyone without the permission of the copyright owner or persons authorized by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Website.

You acknowledge that content, including but not limited to text, music, sound, photographs, video, graphics or other material contained on the Website ("Content") is owned or licensed by CreativeWilmington.com and other third parties and is protected by copyrights, trade-marks and/or other rights and laws. You may download the material available on the Website for your personal, non-commercial use only. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, no changes in or deletion of author attribution, trade-mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.

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