TERMS AND CONDITIONS
Effective Date August 25, 2022
Creativo Group Inc (“Creativo,” “We,” “Us,” “Our”) provides various business services, products, and goods through this Website (the “Service” also known as “Creativo”). This Service is offered subject to your acceptance of these terms. if you do not agree to these terms, please do not proceed with the purchase. INDEED, BY PURCHASING OUR SERVICES YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN THESE CREATIVO TERMS AND CONDITIONS AS OUTLINED BELOW.
Please read these notice, terms, and conditions (“Terms”) carefully before using Our Service.
BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:
You must be at least 18 years old to access this Website or to purchase products and/or services from us.
You agree that you are accessing the Services on Our Website for business purposes. If You are using the Service on behalf of an organization (business, nonprofit, or church), You are agreeing to these Terms for Yourself and for that organization employed or retained by You and are confirming now to Creativo that You have the authority to bind said organization to Our Service’s Terms and Conditions (in which event, “You” and “Your” will refer to You and that organization).
If You do not agree to these Terms, or are under 18 years old, please do not use the Services on our Website. If at any time You are not willing to be bound by these Terms, You should:
FAILURE TO FOLLOW THESE TERMS WILL SUBJECT YOU TO LEGAL ACTION.
SITE CONTENT
OUR PRODUCTS
REGISTERING USERS ON OUR APPLICATION
AVAILABILITY OF SERVICE
While we will use commercially reasonable efforts to keep our Product available and accessible, the Product may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third-Party Services (as defined in Section 5) or any related application programming interface (“APIs”) and integrations. Interruptions of our Product shall not serve as a basis to terminate Your subscription or demand any full or partial refunds or credits of prepaid and unused subscription fees.
OUR USE OF THIRD-PARTY INTEGRATIONS AND SERVICES
ACCOUNTS
As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address, and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.
The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio, video, documentation, software, printed or digital materials, and other elements) characterizing Our Services, also known as the Content on this Website, or any part of such Content, or share Your rights under these Terms to and with others.
You agree that you will not provide false information to Us in generating Your account. Specifically, You agree that You will not
(i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or
(ii) use login credentials to which another person or company has rights without such person or company’s authorization.
Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of Your account.
***Only authorized users, EACH WITH THEIR OWN LOG-IN ACCOUNTS, who have duly attained access to the Content by personally agreeing to these Terms are permitted to participate in and use the Services, Content, and related materials with the exceptions expressly authorized by these Terms. You shall not provide or make available any Content or any license key to any third party or use the Content or any license key to teach any third party any portion of the services or for any purpose other than exercising rights expressly granted to You by these Terms.
You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.
You are responsible for all usage or activity on Your account on this Website, Mobile Application, and related Social Media, including the use of the account by any third party authorized by You to use Your login credentials.
All plans are prepaid and remain active for as long as accounts are paid in full. All monthly plans will be billed on the same day of the month as Your first payment. All annual plans are billed on the anniversary date of Your first payment. After five (5) business days of account delinquency without prior notification, Your services will be placed on hold. After ten (10) business days of account delinquency, your account will be canceled, and You will lose any discounts and have to pay the current monthly plan price as listed online.
REFUNDS & TERMINATION POLICY
We can elect to terminate the Services at Our discretion with ten (10) business days' notice without any liability for any reasons whatsoever, including but not limited to, if You breach these Terms. If You have paid for an annual subscription, we will refund half of Your remaining term on a prorated basis. You may terminate any account You have established by written notice to Us via email or by signing into our website and initiating cancellation. Please be aware that cancellations initiated on Your end do not qualify You for a refund. While Creativo will consider the refund request, it will be under no obligation to provide a refund. Your termination notice must include client information, the effective date of the termination request, and the signature of authorized personnel. Upon plan termination, all access will be discontinued; for web plans, the website will be disabled.
All Purchases Final.
Refunds are at the sole discretion of Creativo.
NO WARRANTIES
By accepting these terms, You agree and understand that We provide templated graphic, web, social, and video services and do not guarantee results. You acknowledge that we make no promise or representation, including but not limited to, that You will have a certain number of visitors, or any increase financially, or that you will not lose money, as a result of using these Services.
Any results on Our Website or Our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that You will make these levels for Yourself. As with any business, Your results will vary and will be based on Your abilities, experience, knowledge, capabilities, effort, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience.
There are unknown risks in any business or nonprofit organization, particularly online where advances and changes can happen quickly. The use of Our information, products, and services should be based on Your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
In accepting these terms, You acknowledge that You take full responsibility for Your own success.
CONFIDENTIALITY
During the term of this Agreement and for a period of three years thereafter, neither party will disclose confidential information to others without the prior written consent of the other, unless that information (i) can be shown by contemporaneous documentation to have been in possession prior to the disclosure, (ii) at the time of the disclosure is, or thereafter becomes part of the public domain, or (iii) is furnished by a third party after the time of the disclosure without the breach of any duty.
This Agreement is limited in respect to the services described above in that:
INDEMNIFICATION
The contents of the services, including the Website, Mobile Application, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark, and other intellectual property laws and international treaties and owned or controlled by Creativo, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any content accessed through the Services.
At our reduced rates in this agreement, You understand the rights are shared on the content created by Creativo for You. We have the right to use all content at Our discretion. For example: we can use the content on our website and social media as a reference to Our work.
You are responsible to pay for all copyright and royalty rights to any video, image, or music provided to Creativo for content creation. You agree that Creativo is not responsible for legal or financial liabilities that arise from any video, image, or music uploaded to Creativo for any project completed for You.
In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits, or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability, or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT CREATED FOR YOU, AND ALL DOWNLOADABLE FILES FROM CREATIVO ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE SERVICES IS AT YOUR OWN RISK.
You agree to defend, indemnify, and hold harmless Creativo, its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, managers, employees, agents, and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs, and expenses (including, but not limited to, reasonable attorney's fees and court costs) arising out of or relating to (a) Your breach of these Terms or any applicable laws or regulations, (b) Your access to or use of the Site, Mobile Application, and/or the Content, (c) Your violation, breach, or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary, or other rights, (d) Your tortious acts including, but not limited to, defamation and/or (e) any claims You may raise against third parties relating to third party products or services. We reserve the right to assume, at Our expense, the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with our defense of such claims. If We assume such defense, We will be responsible solely for Our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs, and expenses shall be Your sole responsibility. Limitations herein described shall be applied to the greatest extent enforceable under applicable law. You also agree to carry advertising injury and/or other comparable general liability insurance coverage covering Your action in the use of Our Services as outlined herein and that we will be covered by Your policy.
CONSENT TO USE INFORMATION
By accepting these terms, You agree that We may collect, use, and disclose Your identifying information obtained as a result of using Creativo, for the following purposes:
(i) the processing of this monthly plan application
(ii) the administration of the monthly plan with our organization
(iii) the marketing of Our Services
Please visit the Privacy Policy below for further details on our data protection policy, including how You may access and correct Your personal information or withdraw consent to the collection, use, or disclosure of Your personal information.
Additionally, when You communicate with Us, send Us information, or provide Content to Us, You grant us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.
SOCIAL MOBILE APP
The following additional application that terms and conditions apply with respect to any Mobile Application that Creativo provides for use on an Android-powered mobile device (an “Android App”):
These provisions regarding application platforms will apply to any other new platforms in addition to Apple and Google of which we may choose to make use in the future.
MISCELLANEOUS
These Terms are the entire agreement of the parties relating to the subject matter hereof and supersedes all prior and contemporaneous oral or written negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof. It may be amended only by an agreement in writing signed by both parties.
Any notice required permitted hereunder shall be in writing and shall be deemed to have been duly given upon confirmation of receipt by the party to receive such notice, of email sent to the designated e-mail address of such party
We reserve the right to modify, terminate, or otherwise amend Services available via this Website, Mobile Application, and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.
Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
CHOICE OF LAW, JURISDICTION, and VENUE: These Terms in all respects shall be governed by and construed according to the laws of the State of Oklahoma. This Agreement is entered into in the state of Oklahoma. You agree and consent to the exclusive jurisdiction and venue of the state of Oklahoma for any dispute arising from or related to this Agreement.
Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.
PRIVACY POLICY
Effective Date: February 16, 2022
Creativo is committed to protecting both the personal as well as business information You share and/or store with us. This Privacy Policy applies to transactions, activities, and data gathered through the Creativo Website and interactions You may have with its related Social Media accounts. Please review this Privacy Policy periodically as We may revise it without notice.
Generally, we may collect and use personal information for many purposes, including, but not limited to, billing, product and service fulfillment, understanding customer needs, providing a better website, improving products and services, and communication with customers and potential customers regarding our products and services with third party products and services.
PERSONAL IDENTIFIABLE INFORMATION THAT YOU PROVIDE TO US
We do not collect personally identifiable information (e.g., name, e-mail address, contact) unless You choose to provide it to us. If You voluntarily provide Us with personal information, for example, by sending an e-mail or by filling out a form and submitting it through our website, we may use that information only to respond to Your message and to help us provide You with the information or services that You request.
ACCOUNT REGISTRATION INFORMATION
In some instances, the use of the Creativo Website and Services may require that You disclose certain personal information for identification, including a unique email address and demographic information (including, for example, ZIP code, age, sex, job industry, job title, and income) to register.
BILLING AND CREDIT CARD INFORMATION
Our Services comprise, generally, creative design services, digital marketing, video production, digital outreach, digital management, or some other client-specific service. To enable payment, We collect and store name, address, telephone number, email address, credit card information, and other billing information. This information will only be shared with third parties who facilitate the completion of the purchase transaction, such as by fulfilling orders and processing credit card payments.
We will not disclose Your billing and/or credit card information unless required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. For instance, if You claim that Your billing and/or credit card information was used to make a purchase You did not authorize, details about the transaction may be disclosed to law enforcement and any party We deem necessary to address the matter.
HOW THIS INFORMATION IS USED
The information We collect is used for a variety of purposes, such as to enable Your use of Our Services and fulfill Your requests for certain features, such as enabling You to participate in and renew paid services, polls, and message boards; by performing statistical, demographic and marketing analyses of users of Our Services to improve our relationship with our customers; for product development purposes and to generally inform advertisers about the nature of Our subscriber base to improve our relationship with our customers; to customize Your experience by allowing advertising to be targeted to the users for whom such advertising is most pertinent.
DIRECT COMMUNICATION
An important aspect of Our Services includes direct communication with Our customers. As a result, we will periodically send You communication to Your email, text, or voice mailbox, via telephone, fax, cell phone, email, paper mail, or any other delivery method regarding the products or services you may have purchased through this Website. We may also send You information about product or service updates, new features, or information We believe You may find interesting. We may send You information regarding other products and services We offer.
NON-PERSONAL INFORMATION COLLECTED THROUGH TECHNOLOGY AND THIRD-PARTIES
During Your visit as You browse through the website, read pages, or download information, we automatically collect and store the following anonymous information about Your visit: the date and time You access our site; the pages You visit on our site; if You navigate to our site by clicking a link, the location of that link; the technical capabilities of the computer You use to access our site; the internet service provider You use to connect to our site (for example “companyX.com” if You have a commercial internet account, or “universityX.edu” if You connect from a university); and the IP address (a number automatically assigned to Your computer whenever You are surfing the internet) from which You access our site. We use this information, in the aggregate, to make our website more useful to visitors — to learn about the number of visitors to our site and the types of technology used, detect operational problems, and improve the website’s overall security.
COOKIES, BEACONS, LOCAL STORAGE, AND OTHER SIMILAR TECHNOLOGIES
We use “cookies,” Web beacons, HTML5 local storage, and other similar technologies. These technologies allow us to manage access to and use of the Services, recognize You and provide personalization, and help us understand how people use the Our Services. You may not be able to access certain areas of Our websites, including Creativo.org, if Your computer does not accept cookies from Us. We do not respond to browser-based “do not track” signals. We may transmit non-personally identifiable website usage information to third parties in order to show You advertising for Creativo when You visit other sites.
ANALYTICS, LOG FILES, AND READING HISTORY
We gather certain information automatically and store it in log files. This information may include IP addresses, browser type, operating system, and other usage information about the use of Our Services, including a history of the pages You view. We may combine this automatically collected log information with other information We collect about You. We do this to improve the services we offer You, including customized recommendations, and advertising, to improve marketing, and to track access and use of Our Services across the devices that You may use to access Our Services.
We have hired third parties to provide us with information, reports, and analysis about the usage, and browsing patterns of our users. They may independently record the type of device and operating system You are using, general location information, as well as events that occur on Our Website, such as how often You use Our Website.
THIRD-PARTY PERSONS OR ENTITIES WITH WHOM WE SHARE PERSONALLY IDENTIFIABLE INFORMATION
We will not sell, rent, swap, or authorize any third party to use Your email address.
THIRD PARTIES
We may share information about our audience in aggregate order-identified form. Nothing in this Privacy Policy is intended to indicate a restriction of Our use or sharing of aggregated or de-identified information in any way.
DISCLOSURE BY NECESSITY
We may occasionally access, preserve, and/or disclose personal information as required by law, for example, to comply with a court order or subpoena or we have a good faith belief that such action is necessary to comply with the law or with legal process; protect and defend our rights and property; protect against misuse or unauthorized use of Our Services; or protect the personal safety or property of our users or the public (among other things, this means that if You provide false information or attempt to pose as someone else, information about You may be disclosed as part of any investigation into Your actions).
As we continue to develop our business, We and or Our affiliates may sell or buy other businesses or entities, or we may merge with or be bought by another company. In such transactions, personal information may be among the transferred assets. Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using our Website, Your personal information may be transferred outside of Your country of use and/or residence. When Your account becomes inactive, Your information may remain in our computers, electronic databases, and archives and may not be reasonably capable of expungement.
MISCELLANEOUSCHILDREN’S GUIDELINES COPPA Compliance
We do not knowingly collect or store any personal information about children under the age of 13.
DELETE PERSONAL DATA
You have the right to request the deletion of Your Personal Data, subject to certain exemptions. Once We receive and confirm Your request, we will delete (and direct Our Service Providers to delete) Your personal information from our records, unless an exemption applies. We may deny Your deletion request if retaining the information is necessary for Us or our service providers to:
To request deletion of personal data, contact us at team@creativo.org.
AMENDMENTS
This Privacy Policy may be amended by Us at any time and without notice, but only by amending this Policy as posted on this Website. Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented.