Disclaimer of Warranties:
THIS WEBSITE OF CREATIVENIX IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CREATIVENIX, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL TYPES OF WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY OTHER PLATFORM AND WEBSITE DISPLAYED ON THIS WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, PROFITS, BUSINESS SUCCESS FITNESS FOR A PARTICULAR PURPOSE, REVNEUE GENERATION TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, ADVERTISING OR MARKETING SERVICES USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CREATIVENIX PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS OR OUTPUTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, PLATFORMS, MARKETS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation Restrictions:
IN NO EVENT WILL CREATIVENIX OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR NETWORK OPERATORS, BE LIABLE FOR ANY DAMAGES RESULTING FROM OR RELATED TO: (A) YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR SERVICE; (B) THE NETWORK, WEBSITE, OR ANY OTHER CONTENT OR CUSTOMER SUPPORT; (C) ANY ENFORCEMENT ACTIVITY OR INTERROGATION; (D) ANY INACCURACIES OR FAILURES ON THE SERVICE OR ON THE SITE; (E) ANY ACTION BEING TAKEN WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; AND (F) PERSONAL INJURY, DESTRUCTION OF PROPERTY, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, DAMAGED REPUTATION, WORK LOSS, COMPUTER FAILURE OR OPERATOR ERROR, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, CAPITAL, OR PUNITIVE DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE CONCEIVABLE OR CREATIVENIX WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND TERRITORIES DO NOT ALLOW CERTAIN LIABILITY RULES, SO SOME OR ALL OF THE ABOVE LIABILITY LIMITATIONS MAY NOT APPLY TO YOU. BY USING THE CHANNEL AND WEBPAGE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNFORESEEN, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH STATES AS FOLLOWS; “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NEITHER IRREPARABLE NOR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY, AND THAT YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY.”
Indemnification Terms:
You agree to hold Creativenix and its officers, executives, staff, agents, associates, assignees harmless from and against any and all losses, damages, obligations, inadequacies, claims, actions, verdicts, settlements, interest, awards, fines, fines, costs, or expenses of any kind, including attorneys’ expenses, arising from or relating to:
- Your use of the Platform or Website, including any misuse of the Platform or Website;
- any legal action or dispute resulting from Your actions or omissions;
- Your carelessness or a breach of any relevant law or a third party’s rights;
- Any infringement of a third-intellectual party’s property, publicity, confidentiality, property, or privacy rights;
- any disagreements or concerns you have with a third party, such as Third Party Providers; or
- Your failure to comply with the terms of this Agreement.
Dependence on Information:
The information on the Website or Service is given solely for the purpose of giving general information. This material is not guaranteed to be up to date, accurate, full, or helpful. If you depend on such information, you do so at your own risk. We disclaim any and all liability and obligation arising from your or any other visitor’s reliance on such materials, or from anybody who may be informed of its contents. The Website and Platform contain content provided by third parties or linked to from third-party websites, such as Google Analytics and materials supplied by end users. We are not liable to you or any other person for the content or accuracy of any third-party contents.
IN NO CIRCUMSTANCES WILL “CREATIVENIX” BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON INFORMATION OBTAINED THROUGH OUR WEBSITE OR PLATFORM, INCLUDING INFORMATION OBTAINED FROM OTHER USERS.
Please contact us:
If you have any queries concerning this Disclaimer and Limitation of Liabilities, please contact us at the following address:
Send an email to [email protected].