- Use of the Class3Creative.com website by children under the age of 13;
- The information we collect, and whether this includes personally identifiable information;
- What we do with your information, and how we share your information;
- Security measures in place to protect against the loss, misuse or alteration of information under our control;
- Choice and Correcting/Updating/Deleting/Deactivating Personal Information; and
- Use of the Class3Creative.com website by children under the age of 13
- Information we may collect, and whether this includes personally identifiable information
- What we do with the information we collect/store and how we may share the information
- Security measures used to protect against the loss, misuse or alteration of information under our control
- Choice and Correcting/Updating/Deleting/Deactivating Personal Information
- Cancel your account at any time;
- Decline to submit requested information (please note that this may affect our ability to provide services to you);
- Control what information you post in public profiles and who you share information with;
- Set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us (please note that this may affect our ability to provide services to you).
Last Updated: June 26th, 2018
YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TOU.
The website content is owned by Class 3 Creative Inc. (which may be referred to herein as “we,” or “us”).
The website content is provided on an “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, suspend or discontinue the website with or without notice at any time, for any reason, and without any liability. PLEASE SEE OTHER DISCLAIMERS BELOW.
When you complete the registration process, you create an account. Your account allows you to participate in certain activities on the website. To create an account, you must select a login name and password. You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates the TOU.
We disclaim any responsibility related to files uploaded by you or other users. By uploading files, you are assuming full responsibility for the consequences of doing so.
You are solely responsible for any and all conduct in entering, altering, modifying, sending or retrieving data, text information, screen names, graphics, photos, profiles, audiovisual clips, links or other content submitted, posted, displayed, transmitted or shared using your User Identification.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
We do not claim ownership of any content you submit, post, transmit or share using our website.
You give your consent that we may provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time).
You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with us regarding your use of our website. This includes without limitation any dispute related to, or arising out of: (1) any term of this TOU or our enforcement or application of this TOU; (2) the content available through this website or any change in such content; or (3) your ability to access and/or use this website.
INTELLECTUAL PROPERTY RIGHTS/LICENSE
Copyright Notice. © Class 3 Creative Inc., 2018. All rights reserved.
The Class3Creative.com website is controlled and operated by us. The website, and all materials accessible through the website, including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us or our clients, all rights belong to their respective owners. The compilation (meaning the collection, arrangement, and assembly) of all materials on the website is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material from the website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice.
Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us; You may not link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion; and
Notification and Procedure for Making Claims of Copyright Infringement. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at: Designated Agent for DCMA Notices: Class 3 Creative Inc. 1460 Via De Pepi Boynton Beach, FL 33426 If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:
- A physical or electronic signature of the person authorized to act on behalf the copyright owner;
- Identification or description of the copyrighted work you claim has been infringed;
- Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law; and
- Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.
Trademarks. “LucidPrints”, "LP, “Class 3 Creative”, “C3”, "C3C" and associated logos are our trademarks and/or trade dress. None of our trademarks may be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks displayed on the website are the trademarks and/or registered trademarks of their respective owners.
ACCEPTABLE USE POLICY
This Section defines the Acceptable Use Policy ("Policy") relating to the Class3Creative.com website. You are responsible for continual compliance with this Policy. You agree that you will use the website in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU.
If you become aware of any such activities, you are obligated to immediately notify us.
We reserve the right to suspend or terminate access to the website upon notice of a violation of this Policy. Indirect violations of this Policy using third parties shall be considered violations of this Policy by you.
We have the right, but not the obligation, to monitor any activity or content associated with the website. We may investigate any reported violation of this Policy and take any action we deem appropriate, including terminating your access to the website without notice.
By using the website, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the website any materials which (i) restrict or inhibit any other user from using and enjoying the website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact. Your breach of this representation, warranty and covenant constitutes a violation of this Policy. Upon our determination, in our sole discretion, that you have violated this Policy, we shall terminate your access to the website without notice and to the extent possible, remove the offending material from the website. If you become aware of any such activities, you are obligated to immediately notify us.
We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths. By using the website, you expressly consent to the foregoing use and disclosure.
YOU ARE USING THE WEBSITE AT YOUR OWN RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE WEBSITE OR INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE WEBSITE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE WEBSITE IS NONINFRINGING. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU OR THE WEBSITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE WEBSITE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE WEBSITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE WEBSITE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE WEBSITE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the website, You:
- agree that the substantive laws of the state of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this TOU;
- consent to exclusive personal jurisdiction and venue in a court located in Palm Beach County, Florida for any legal action connected in any way, directly or indirectly, to the subject matter of this Agreement or to this website;
- agree that you may not assign any or all of your rights and obligations under this TOU without our prior written consent, which may be withheld in our sole discretion;
- agree that all provisions of this TOU relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;
- agree that nothing in this TOU shall be deemed to convey any third party rights or benefits;
- agree that except as otherwise required by law, any cause of action or claim you may have with respect to the website, this TOU or this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;
- agree that if any portion of this TOU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted and that the other provisions of this TOU remain in full force and effect;
- agree that no waiver of any breach of any agreement or provision of this TOU, nor any failure to assert any right or privilege contained in this TOU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;
- agree that the section titles in this TOU are for convenience only and have no legal or contractual effect; and
- agree that this TOU (including all policies, notices and other terms incorporated into this TOU by reference) constitutes the entire agreement between you and us respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.
Last Updated: June 26th, 2018