Legal Info
Uniting Creatives Membership Terms of Service
Please read the following terms of service (“Terms”) carefully. If you (“you” or “Member”) agree to these Terms, please proceed and complete your application. Completion of your application constitutes a binding agreement between you and Uniting Creatives (“Uniting Creatives,” “we,” or “us”). Please note that any violation of these Terms may result in termination of the Uniting Creatives service (“Service”).
UnitingCreatives reserves the right to change these Terms from time to time. You can always find the most current version of these Terms posted at http://UnitingCreatives.com/membership/ic-membership-terms-of-agreement. If you do not agree to changes made to these Terms, your sole and exclusive remedy is to cancel your UnitingCreatives account (“Account”).
1. Description of Service UnitingCreatives currently provides registered and paid members with access to a number of on-line resources, including but not limited to written articles, videos, resources, tools and more via www.UnitingCreatives.com. Unless expressly stated otherwise, any new products or features added to the current Service will be subject to these Terms. UnitingCreatives provides this Service to individuals who already have access to the Internet and the World Wide Web, and is not responsible for providing such access to individuals who do not already have it.
UnitingCreatives hosts multiple networking meetings and other special events (workshops, webinars, conferences, teleconferences, radio shows etc.) (“Program(s)”). The terms of participation in Programs are located in section 14.
UnitingCreatives publishes UnitingCreativesMagazine.com. UnitingCreatives has sole discretion over the content of the UnitingCreatives Magazine.
2. Member Registration In order to access member-only content via the Service, you must first register with UnitingCreatives by completing the membership application and paying the applicable fee. By filling out the application, you agree that you are providing true, accurate, current, and complete information (“Registration Information”) as requested by the application form. In addition, you agree to maintain and promptly update such Registration Information to keep it true, accurate, current, and complete.
3. Privacy Policy UnitingCreatives is committed to maintaining your privacy. Your Registration Information and any other information about you or your Account is subject to the terms of UnitingCreatives’s Privacy Policy. The Privacy Policy is hereby incorporated into these Terms by reference.
4.Fees and Billing
a. Fees. The current fees (“Fees”) for the Service can be found here. If the Service you have selected in your registration requires payment of a Fee, you agree to pay such Fees promptly, along with any applicable taxes. We reserve the right to change the Fees at any time, provided, however, that we will give you thirty (30) days advance notice before your renewal date of such changes. If you find such changes unacceptable, you may choose not to renew your membership after its expiration date.
b. Billing. You are responsible for any and all charges to your Account. If you have any questions about charges to your Account, you should contact UnitingCreatives’s Customer Service Department. All charges will be considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
c. Payment by Credit Card, Debit Card, Electronic Funds Transfer. If you elect to pay your Fees by credit card, debit card, or electronic funds transfer, we will bill such Fees immediately upon receipt of your purchase details and/or membership application. UnitingCreatives is not responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by UnitingCreatives.
d. Auto-Renewal. Unless otherwise specified, membership accounts purchased are auto-renewing, meaning that we will automatically renew your membership and bill your credit card each month on the anniversary of your original membership registration. We will continue billing you on a monthly basis until you cancel your account.
Products and services other than membership are non-recurring, meaning that they are for a fixed term only unless otherwise specified.
5. Use of Member Account You are the authorized user of your UnitingCreatives Account and must comply with these Terms. You must keep your password confidential so that no one else may access the Service through your Account. Any commercial use of your Account is prohibited. Use by any person under the age of 13 is strictly prohibited.
6. Member Content You, and not UnitingCreatives, are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials uploaded, posted, displayed, or otherwise transmitted by you on any UnitingCreatives-owned website. (“User Generated Content”). UnitingCreatives does not control the User Generated Content and, as such, does not guarantee the accuracy, integrity, or quality of such Content. UnitingCreatives reserves the right, but is not obligated, to review the Content and to refuse, remove, or edit any such materials, in whole or in part, in its sole discretion, without notice at any time.
7. Member Conduct You agree not to use the comment section of UnitingCreatives.com to:
a. upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. upload, post, or otherwise transmit any Content that is misleading to others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity to others;
c. upload, post, or otherwise transmit any Content that you do not have a right to upload, post, or transmit under any law or under contractual or fiduciary relationships;
d. upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
e. upload, post, or otherwise transmit any unsolicited or unauthorized, non-music related advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
f. upload, post, or otherwise transmit any material that 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;
g. upload, post, or otherwise transmit any materials that impose an unreasonable or disproportionately large load on UnitingCreatives infrastructure, exceeding the limits provided by the Service for which you have registered;
h. upload, post, or otherwise transmit any materials that are inconsistent with the nature and purpose of the Service;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. use the Service as storage for remote loading or as a door or signpost to another home page;
k. use the Service to harm or attempt to harm minors in any way, or to harass or threaten another party;
l. intentionally or unintentionally violate any applicable local, state, national or international law;
m. reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
8. Member Usage Limits UnitingCreatives may, from time to time, establish general practices and limits (“Limits”) concerning the use of the Service, including without limitation: (a) maximum limits on storage space; (b) maximum limits on bandwidth usage; and (c) maximum limits on the number of days that email messages, articles, posts, project entries, or other materials will be retained by UnitingCreatives. Such Limits may be set according to the level of Service for which you have registered. If you exceed the Limits set forth for your Service level, UnitingCreatives reserves the right, at its sole discretion, to: (i) delete Content leading to the exceeding of such Limits; (ii) suspend your Account until you have brought your Account within such Limits; or (iii) charge you for exceeding such Limits under the terms set forth in the Fee schedule for your chosen level of Service.
9. Member Proprietary Rights UnitingCreatives does not claim ownership of the Content you place on your site (“Member Site”) or that you upload, post, or otherwise transmit via the Service. By submitting the Content to UnitingCreatives for inclusion on any of our websites, you grant UnitingCreatives a world-wide, royalty-free, and non-exclusive license: (i) to host, use, reproduce, modify, adapt, distribute, print, transmit, and publicly display the Content on and through the Service; and (ii) to sublicense to third parties such Content to the extent necessary for the creation and maintenance of, in part or in whole, the Services. This license exists only for so long as you continue to be an UnitingCreatives member, and will terminate on the date your membership expires. By submitting Content to UnitingCreatives, you warrant and represent that you own or otherwise control the rights necessary to grant the above licenses.
10. UnitingCreatives Proprietary Rights You acknowledge and agree that content contained on the UnitingCreatives.com website and in information presented to you through the Service is expressly owned by UnitingCreatives unless otherwise noted. Everything on the website is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by UnitingCreatives, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its contents, in whole or in part without express written consent from UnitingCreatives.
11. Modifications to Service UnitingCreatives reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that UnitingCreatives shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Termination Either you or UnitingCreatives may terminate or cancel your Account at any time. No refunds or credits will be given for any amounts already paid to UnitingCreatives.
a. Termination by Member. You may cancel your Account or any part of the Service at any time. If you cancel or terminate your account, cancellation will become effective upon the expiration of your membership. To cancel, you can simply choose to not renew your membership by email or fax.
b. Termination by UnitingCreatives. UnitingCreatives, in its sole discretion and at any time, may terminate your password, your Account, your Member Site, or your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation: (i) if you have breached these Terms; (ii) if UnitingCreatives is unable to verify or authenticate any information you have provided to UnitingCreatives; (iii) if UnitingCreatives believes that you have violated or acted inconsistently with the letter or spirit of the Terms; (iv) for lack of use of a free Service; (v) if a free trial period has expired without your registration. UnitingCreatives may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that UnitingCreatives may immediately deactivate or delete your Member Site and all related information and files in your Member Site and/or bar any further access to such files or the Service. Further, you agree that Indie Connect shall not be liable to you or any third party for any termination of your access to the Service.
13. Indemnification You agree to indemnify and hold UnitingCreatives, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your implementation of any ideas or suggestions contained within the Content, your participation in UnitingCreatives Programs, your connection to the Service, any dealings that you undertake with people or companies listed on the website, your violation of the Terms, your breach of any warranties in these Terms, or your violation of any rights of another.
14. Program Participation
a. Exclusion. As stated above, UnitingCreatives periodically hosts Programs. You agree that UnitingCreatives, including its officers, collaborators, hosts, and speakers, may exclude you from participation in any Program if you behave in an offensive or disruptive manner, as determined in its the sole discretion. UnitingCreatives grants authority to its officers, collaborators, hosts, and speakers to refuse access to Programs to anyone, regardless of membership level, with just cause, as determined in their sole discretion.
b. Release of Liability and Waiver. You release UnitingCreatives and its trustees, directors, officers, employees, agents, volunteers, successors, and assigns from any and all liability for, and waive any and all claims for, injury, loss, or damage in any way connected with your participation in the Program, including injury, loss or damage caused in whole or in part by the negligence or other misconduct of UnitingCreatives or any of the above-listed organizations or individuals (a “Claim”).
c. Assumption of Risk. You are aware of the risks of participating in the Program, and assume all risks, known or unknown, foreseeable and unforeseeable, in any way connected with your participation in the Program. You accept personal responsibility for any liability, injury (including death), loss or damage in any way connected with your participation in the Program.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNITINGCREATIVES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
b. UNITINGCREATIVES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 THE DOWNLOAD OF ANY SUCH MATERIAL;
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNITINGCREATIVES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
16. LIMITATION OF LIABILITIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNITINGCREATIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. Notice Notices to you may be made via either email or regular mail. UnitingCreatives may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
18. General Terms These Terms constitute the entire agreement between you and UnitingCreatives and govern your use of the Service, superseding any prior agreements between you and UnitingCreatives (including, but not limited to, any prior versions of the Terms). Both the Terms and the relationship between you and UnitingCreatives shall be governed by the laws of the State of Washington. You and UnitingCreatives agree to mediation to resolve disputes through the governing body of UnitingCreatives. The failure of UnitingCreatives to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
UC Privacy Policies Privacy Policy
Your privacy is very important to us! We have created this privacy statement in order to demonstrate our commitment to privacy. The following discloses our information gathering and dissemination practices for UnitingCreatives.com.
The area of most concern to our visitors is how their email address is used via our ordering process and newsletter sign-up. If you register as a member, sign-up for our newsletter or order material from us, you will note that the email address field is required. Why is that? First, some of our products may be electronic products, deliverable via email. We must request your email address to deliver those products. We also request your email address so that if there is a problem with an order or the service we can contact you.
Some of our materials (books, music) may be mailed to you directly from the publishers. In these cases, we do provide our publishers with your contact information so that they, too, may contact you if necessary about your order.
We do not sell or rent your email address to anyone!
Credit Card Information Our site uses an order form for members and customers to request information, products, and services. We collect visitor’s contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to send orders to our customers. The customer’s contact information is used to get in touch with the visitor when necessary.
Financial information that is collected is used only to bill the user for products and services and is never sold or rented.
Shipping Address
When you register as a member you are asked to supply a shipping address. We use this to send you your membership card.
Your personal or company address is for UnitingCreatives use only and is not given, sold or rented to any 3rd party.
Links to Third Party Web Sites This web site contains links to other sites. We are not responsible for the privacy practices or the content of web sites we link to.
Email Newsletter and e-Magazine / Opt-Out Our newsletters and magazine announcements are mailed out only to visitors who subscribe. We never automatically subscribe you. If you order from us, you do not automatically subscribe to our newsletter.
If you are receiving our newsletter or e-magazine and would like to unsubscribe at any time, you mail do so by clicking on the unsubscribe button at the bottom of the newsletter or magazine announcement.
Questions? If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact us at 360-739-7493 or
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