Terms of Use

Last updated: 01/02/2024

Agreement To Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Casual Creatives ("Company", “we”, “us”, or “our”), concerning your access to and use of the website https://www.casualcreatives.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM SIGNING UP ON THIS SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Privacy Policy

Our Privacy Policy, which can be found at https://www.casualcreatives.com/privacy-policy, describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least 18 years of age to access this Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the commonwealth of Australia and international “treaties”. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Use of Service

The Services are available to you for usage for as many projects and as much scope as you have subscribed to under your plan. Our output volume is dependent on various factors, including but not limited to the total volume and complexity of requests, including your speed to comments, give revisions, and the number of requests you make.

We make every effort to reduce errors in the final Deliverables. However, we are unable to promise that every final deliverable will be 100% error-free because of the nature of creative work. When we send you a file, you commit to checking it over for mistakes or omissions and letting us know right away if anything needs to be changed or corrected.

All of the information, data, or materials you give us to utilize the Services are your property and/or are under your control ("Customer Content"). You give us permission to access and utilize Customer Content in order to provide the Services anywhere in the world, royalty-free and without restriction and to the Deliverables, including any intellectual property rights therein, belong to you alone and exclusively. You give us permission to use any Deliverables we create in connection with the Services for the sole purpose of providing you with the Services and managing your account. This license is limited, nonexclusive, non-sub licensable, royalty-free, and worldwide.

In particular, discrimination against people on the basis of race, religion, sex, sexual orientation, age, handicap, ancestry, or national origin is not acceptable to Casual Creatives and will not be tolerated on its Service. You must not use the Service to incite or encourage enmity or violence, nor may you use it in a way that would support, or encourage such discrimination. We may permanently or temporarily terminate or suspend your access to the Service, without notice or liability, for any reason, if we believe in our sole discretion that your use of the Service is being used to discriminate, particularly if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. We may add, replace, change, or discontinue any of our services at any time without notice. You’re responsible for maintaining a connection to our services while subscribed.

We reserve the right to cancel your account at any time if you violate our Terms of Use, Privacy Policy, or by making improper requests or acting rudely or hostilely toward our personnel.

For the avoidance of doubt, Casual Creatives' Terms of Use shall remain in full force and effect. However, when utilizing AI-generated content, additional terms apply. These terms are distinct from and supplementary to Casual Creatives' existing terms. Our services may include content generated by various AI platforms, such as but not limited to OpenAI, Midjourney, and others. We reserve the right to use AI service providers at our discretion and this may change over time. We acknowledge that AI-generated content is largely beyond our direct control. Therefore, we do not offer representations or warranties regarding the ownership, accuracy, completeness, or non-infringement of such content. By requesting or approving the use of AI-generated content, you acknowledge and agree that your use of such content is at your own risk. You accept that Casual Creatives is not liable for any outcomes, direct or indirect, arising from the use of AI-generated content.

Ownership of Materials

Upon completion and delivery of the projects (hereinafter referred to as "Projects"), the Client shall become the exclusive copyright holder of the files and designs created for them by Casual Creatives. In any circumstance where legal procedures might designate Casual Creatives as the owner, in whole or in part, of any Project, Casual Creatives irrevocably and perpetually assigns its entire interest in such Project to the Client. The Client guarantees that all materials provided to Casual Creatives are rightfully owned by the Client or the Client has permission to use them. This includes, but is not limited to, the right of publicity and all intellectual property rights, ensuring no violation or misappropriation of third-party rights. Casual Creatives acknowledges that it shall not distribute, display, or publish any design work created for the Client, including on websites, social media, or other platforms, without the express written consent of the Client. The Client may request the working files of any Project by submitting a written request to Casual Creatives. Upon such request, and after the completion and delivery of the Project, these files shall be provided to the Client.

Third-Party Fonts

If a Project includes fonts not owned by Casual Creatives, which require a commercial license for the Client's legal use in reproduction, distribution, or public display ("Third-Party Font(s)"), Casual Creatives will notify the Client in writing. This notification will indicate the use of Third-Party Fonts within the Project and will advise that the Client is required to acquire appropriate licenses for these fonts from their respective rights holders to legally use them. The notification will provide detailed information enabling the Client to identify the necessary licenses and contact information for procuring them. Once Casual Creatives has fulfilled its duty to inform the Client about the inclusion of Third-Party Fonts in a Project, the Client bears full responsibility for any legal implications arising from the failure to obtain the required licenses for the use of these Third-Party Fonts in a Project.

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.

Clients Feedback

The client understands and accepts that any queries, remarks, proposals, or other feedback or submission (collectively, a "Submission") will belong exclusively to Casual Creatives and that Casual Creatives is under no duty to maintain the confidentiality of a Submission or to take any other action that may be required to do so.

Except to the extent that rights are granted to the client under Paragraph 5 ("Ownership of Materials"), Casual Creative shall be the sole and exclusive owner of all rights pertaining to the Submission. It shall also be free to use and distribute a Submission for any legal purpose without the client's consent or payment. We also have the exclusive right to delete any comment/request without any explanation if we consider it to be unlawful, inappropriate, without having to tell or compensate the client. In order for Casual Creative to utilize the Submission in accordance with the provisions of this agreement and at its exclusive discretion going forward, Client acknowledges that it has the right to articulate and present the Submission and hereby waives all claims and recourse against Casual Creatives.

Fees

Access to Casual Creatives’ services is contingent upon timely payment of recurring fees. Full payment of these fees, along with any applicable taxes, must be made in accordance with the amounts and billing frequency specified during your registration. By registering for our services, you authorize Casual Creatives to charge your chosen payment method (such as a credit card) for these fees and taxes starting from your registration date, based on the selected billing cycle (monthly). We reserve the right to suspend or terminate your account for non-payment of due amounts. All payments under this agreement are non-cancelable and non-refundable, except as explicitly stated in this Terms of Use. Casual Creatives may modify its service fees by providing at least five (5) days advance notice. Your continued use of our services after fee changes implies your acceptance of these changes. We are not obligated to inform you about temporary promotions or fee reductions. You may cancel your subscription at any time either through our Site or by contacting our support team. If you cancel before the next renewal cycle, you will retain access to your task board and design files for 6 months following the end of your subscription. We do not offer refunds or credits for partial service months, or unused service periods. Additionally, if fees remain unpaid, we will deactivate your account and cease work on ongoing projects.

Publicity

By engaging with our services, you grant us the right to use your organization's logo and name in our marketing materials, including but not limited to our website, advertisements, and other promotional content. This right is conditional upon your not providing written notice objecting to such use. If you prefer that your logo and name not be used in our marketing endeavors, you must explicitly communicate this preference to us in writing. Until we receive such a written notice, we will assume consent for the use of your branding as described herein. This ensures that we can showcase our client relationships in our marketing efforts, while also respecting the preferences and rights of our clients regarding the use of their brand identities.

Contributions

The Site does not allow users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Use of Licensed Content

We give you a revocable, non-exclusive, non-transferable, royalty-free, worldwide right and license to use the Licensed Content for your own personal or commercial use as long as you comply with this Agreement and pay all relevant fees in full. Each and every piece of licensed content is given and licensed for a single use when integrated into a delivery, unless otherwise specified in the license terms linked to the licensed content.

The Deliverable containing the single use Licensed Content may be broadcast, displayed, distributed, or reproduced, but only in part. You will need to buy a new license if you wish to utilize the Licensed Content for any other project, final result, or purpose. You may not use the Licensed Content alone, under any circumstances. You agree not to, directly or indirectly, stockpile, sell, lease, sublicense, distribute, duplicate, reproduce, republish, reverse engineer, download, data mine, or alter any Licensed Content that we make available to you, unless specifically authorized by us.

You agree to abide by the relevant third-party license where applicable, to the extent that we license the Licensed Content from any third party.

To be clear, these license conditions are not a substitute for, or an addition to Casual Creatives conditions of Service, which shall remain in full form and effect. You are not permitted to: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any portion of your rights to use Licensed Content without our prior written consent; (ii) modify, adapt, translate, convert, or create any derivative works from any Licensed Content; or (iii) falsely claim to be the original creator of the Licensed Content.

When using Licensed Content, one must not (iii) falsely claim to be the original creator of any such content; (iv) use it in a pornographic, defamatory, or other unlawful manner; (v) use it in any way that makes it possible for others to download, extract, or redistribute it as a stand alone file or work; and (vi) use models or other property in relation to a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases). that any person portrayed in the material is a model, and (2) that the content is just being used illustratively.

Licensed Content, whether obtained via our stock services or included in your Deliverable, is still owned by us and our licensors. All licenses are subject to termination, revocation, or withdrawal by us in the event that you breach any of the terms of this agreement. We reserve the right to allow you to use the Licensed Content, which may include the Licensed Content that is a part of your Deliverable, in the case of any termination.

Refunds

Clients can request a refund within the first seven (7) days of their membership. Such requests will be honored. Furthermore, any work produced by Casual Creatives during this initial seven-day (7) period will be the property of the Client. This policy is applicable only for the first month following the initial sign-up and does not apply to clients that have participated in a 7-day free trial. Casual Creatives may, at its discretion, consider refund requests submitted after the initial 7-day period under specific circumstances. Should such a refund be granted, it will be subject to a fee equivalent to 25% of the remaining billable hours. It is important to note that Casual Creatives is under no obligation to approve any refund requests made beyond this 7-day period.

If Casual Creatives fails to fulfill its obligations, we may consider waiving any fees associated with early cancellation and refunding the time already billed to the client. If we are unable to provide staff due to reasons such as illness or unavailability, or if we’re experiencing downtime, we may offer a refund for the time lost. This is contingent on the circumstances and at the discretion of Casual Creatives. Casual Creatives reserves the right to refuse a refund request at our sole discretion. Each request will be considered individually, and the final decision will be made based on the merits of the specific situation.

Term and Termination

THESE TERMS OF USE SHALL REMAIN IN FULL FORCE AND EFFECT UPON SIGNING UP ON THIS SITE. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Subsequent to termination or suspension of your account, you will retain access to your task board and design files for 1 month, at which point they will be removed. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Holidays

We reserve the right, at our sole discretion, to limit or restrict services during recognized holiday periods. During periods of restricted operation due to holidays, no charges will be applied for services not rendered. Alternatively, charges may be reduced proportionally based on the reduced level of service output. We will provide you with a minimum notice of 31 days regarding any upcoming holiday periods during which services will be limited. This notice will be communicated through appropriate channels, including but not limited to email notifications, announcements on our website, or direct communication from account managers. By continuing to use our services, you acknowledge and agree to the potential for limited service availability during holiday periods as described in this section.

Governing Law

These Terms shall be governed by and defined following the laws of the state of Victoria, and the Commonwealth laws of Australia. Casual Creatives and you irrevocably consent that the courts of the State of Victoria shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these Terms.

Dispute Resolution

Any dispute arising out of or in connection with this agreement shall be resolved through legal proceedings in the courts of Australia, and the parties hereby submit to the exclusive jurisdiction of those courts.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Digital Millennium Copyright Act (DMCA)

In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to support@casualcreatives.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Entire Agreement

Any right or term of these Terms of Use that we do not execute or enforce shall not be deemed a waiver of that right or provision.

This agreement governs your use of the Service and supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us. This includes, but is not limited to, any prior versions of the Terms of Use. These Terms of Use and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us.

These Terms of Use shall not be interpreted against the party who drafted them, in the event of any ambiguity.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties to these Terms of Use to execute these Terms of Use.