Terms of Service

Our Terms of Service

INTRODUCTION

Welcome to Creative Automatic Inc.  We provide, among other things, proprietary software and a SaaS technology platform for media production and optimization (collectively “Creative Automatic Software”, “Software”, our “Platform”, “Service”, “Creative Automatic Services”, or our ““Services”).  

This is an agreement between you (“you” or “your”) and Creative Automatic Inc. and its affiliated companies (“Creative Automatic”, “Company”, “we”, “our”, “us”) and concerns your use of our Services.

Please read these Creative Automatic Terms of Service (“Terms”, “Terms of Service”) and the other applicable rules, policies, and terms available at the CreativeAutomatic.com website, or on or through the Creative Automatic  Software (collectively, this “Agreement”) before using the Software and the Creative Automatic Platform. These Terms govern your use of our Platform, Software and web pages located at https://www.creativeautomatic.com operated by us.   

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it at: https://creativeautomatic.com/privacy-policy/

Your agreement with us includes these Terms and our Privacy Policy and you acknowledge that you have read and understood this Agreement, and agree to be bound by the terms thereof.

If you do not agree with (or cannot comply with) this Agreement, our Terms or our Privacy Policy, then you may not use our Services.  These Terms apply to all visitors, users and others who wish to access or use our website or Services.  Please email us at support [at] creativeautomatic.com if you have any questions. Thank you.

COMMUNICATIONS

When you use Creative Automatic Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Creative Automatic Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  By creating an Account on our Platform, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing us at support [at] creativeautomatic.com

COPYRIGHT

All content included in or made available through our Software and Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Creative Automatic or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Creative Automatic Services is the exclusive property of Creative Automatic and protected by United States and international copyright laws.

CONTENT

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through our Service, including its legality, reliability, and appropriateness.

By posting Content on or through our Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through our Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through our Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through our Service. However, by posting Content using our Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through our Service. You agree that this license includes the right for us to make your Content available to other users of our Service, who may also use your Content subject to these Terms. Creative Automatic has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service is the property of Creative Automatic or used with its permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

PROHIBITED USES

The following terms apply to your use of our Software (including any updates or upgrades to the Software) and any related documentation we make available to you in connection with our Platform. 

You may use the Creative Automatic Software solely for lawful purposes enabling you to use the Creative Automatic Services as provided by us, and as permitted by these Terms. You may not incorporate any portion of the Creative Automatic Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Creative Automatic Software in whole or in part.

All Software used in any Creative Automatic Services is the exclusive property of Creative Automatic. 

Use of Third Party Services. When you use the Creative Automatic Software, you may also be using the services of one or more third parties. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Creative Automatic Software, whether in whole or in part.

Updates. We may offer automatic or manual updates to the Creative Automatic Software at any time and without notice to you.

You agree not to use any device, software, or routine that interferes with the proper working of our Service or to use our Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through our Service. You agree not to use any robot, spider, or other automatic device, process, or means to access our Service for any purpose, including monitoring or copying any of the material on our Service. You agree not to use any manual process to monitor or copy any of the material of the Service or for any other unauthorized purpose. You agree not to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Service, the server on which our Service is stored, or any server, computer, or database connected to our Service.

You agree not to introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful into or onto the Software and Platform.

ANALYTICS

We may use third-party Service Providers including, but not limited to Google Analytics to monitor and analyze the use of our Service. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.

ACCOUNTS AND SERVICES

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times and that you have the full authority, right, and capacity to enter into this Agreement and abide by all of the Terms and conditions thereof.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. 

Changes To Services. We reserve the right to withdraw or amend our Service, and any service or material we provide via our Service, in our sole discretion without notice to you or any user whatsoever. We will not be liable if for any reason all or any part of our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Service, or the entire Service, to users, including registered users.

Term and Termination. We may terminate or suspend your account and bar access to our Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. If you wish to terminate your account, you may simply discontinue using the Service upon payment of fees due to us, if any.  All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Conflicts. In the event of any conflict between these Terms and any other Creative Automatic or third-party terms applicable to any portion of the Creative Automatic Software, such as open-source license terms, such other terms will control as to that portion of the Creative Automatic Software and to the extent of the conflict.

INTELLECTUAL PROPERTY

The Creative Automatic Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Creative Automatic. Our Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Creative Automatic.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CREATIVE AUTOMATIC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CREATIVE AUTOMATIC PLATFORM ARE PROVIDED BY CREATIVE AUTOMATIC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CREATIVE AUTOMATIC  MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CREATIVE AUTOMATIC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CREATIVE AUTOMATIC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CREATIVE AUTOMATIC SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, CREATIVE AUTOMATIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CREATIVE AUTOMATIC DOES NOT WARRANT THAT THE CREATIVE AUTOMATIC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CREATIVE AUTOMATIC SERVICES, CREATIVE AUTOMATIC’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CREATIVE AUTOMATIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CREATIVE AUTOMATIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CREATIVE AUTOMATIC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CREATIVE AUTOMATIC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding our Service. We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to any changes thereof. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. 

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use our Service.

ACKNOWLEDGEMENT

BY USING OUR SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

CONTACT US

Please send your feedback, comments, and any requests for technical support, by email to: support [at] creativeautomatic.com