CREATORLABS PRIVACY NOTICE

Last Updated: April 25th, 2023

Welcome! This Privacy Notice explains how East West International Marketing Group, Inc. dba CreatorDB  (“CreatorLabs ”, “Company”, “we”, “us” or “our”) collects, uses, discloses, and otherwise processes personal information (as defined below) in connection with our website https://www.creatorlabs.com/ (the “Site”) and other websites we own and operate that link to this Privacy Notice, and the related content, platform, services, products, and other functionality offered on or through our services (collectively, the “Service”). It does not address our privacy practices relating to CreatorLabs job applicants, employees and other personnel. 

CreatorLabs is the controller of the personal information we hold about you in connection with your use of the Service. This means that we determine and are responsible for how your personal information is used. 

I. WHAT IS PERSONAL INFORMATION?

When we use the term “personal information” in this Privacy Notice, we mean any data or information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular natural person or household or any other data or information that constitutes “personal data”, “personal information,” or “personally identifiable information.”

II. OUR COLLECTION AND USE OF PERSONAL INFORMATION

We collect personal information in a variety of ways. For example, you may provide us your personal information when you register for an account subscribe to our mailing lists, newsletters or other forms of marketing communications, or use some other feature of our Service.

We may link or combine your activities and information collected from you on our websites and mobile apps with information we receive from third parties, as well as information we collect automatically through tracking technologies (defined below). This allows us to provide you with a personalized experience regardless of how you interact with us.

Personal Information Collected from You

We may collect the following categories personal information submitted to us by individuals through the Services:

• • Account Registration and Profile Information.  We collect personal and/or business information that you provide when you register for an account to use our Service.  Depending on your account type, this may include your name, email, billing and payment card information, demographic information and password.  Once you create an account, you may also be able to create a profile that may be visible to other users on the Service. For information on how to adjust profile visibility settings, please see the feature labelled “Resume” and “Sharing Settings”. We use this information to administer your account, provide you with the relevant services and information, communicate with you regarding your account, the Service, and for customer support purposes. We may also use the information in the profile to match you with potential business partners.  When you create your account using a third-party service such as Facebook, Instagram or YouTube, we may collect information about you from the third-party service (such as your username or user ID associated with that third-party service) to create your account and for use in our other products. By choosing to create an account using a third-party service, you also authorize us to collect information necessary to authenticate your account with the third-party service provider. This information may also be used to populate a profile about your social pages on our social media creator database, CreatorDB.
  • Messages and User Content.  Depending on your account type, you may upload or transmit videos, images, data, or information through your communications with us, your communications with businesses, or your use of the Service (collectively, “User Content”).  User Content and any information contained in the User Content, including personal information you may have included, is stored and collected as part of the Service.  We use the User Content to operate, improve, personalize, and optimize the Service, and to manage and deliver advertising.  
  • Newsletter and Marketing Emails Information. If you sign up for one of our email newsletters or mailing lists, we may collect your email address and applicable interests and communication preferences. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you.  If you wish to stop receiving email messages from us, simply click the “unsubscribe link” provided at the bottom of the email communication. Note that you cannot unsubscribe from certain services-related email communications (e.g., account verification, confirmations of transactions, technical or legal notices).
  • Inquiries and Other Communications.  If you communicate with us through any form, we may collect your name, email address, mailing address, phone number, or any other personal information you choose to provide to us.  We use this information to investigate and respond to your inquiries, and to communicate with you, to enhance the services we offer to our users and to manage and grow our organization.   
  • Payment Information.  If you make a purchase through your use of the Service, we collect payment information, such as credit card information.  Please note that we use third party payment processors to process credit card payments made to us.  As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as credit card numbers.  Rather, all such information is provided directly by you to our third-party processor.  The payment processor’s use of your personal information is governed by their privacy notice.  
  • Survey Information. We may collect information included in any questions submitted through surveys or content of any testimonials. We use this information to administer and facilitate the Services, to communicate with you, to conduct market research, inform our marketing and advertising activities and improve and grow our business.
  • Other Data You Share.  We also collect personal information at such other points on our Service so that we may provide the features or functionality of the Service and for other purposes described in this Privacy Policy.  We may also collect your personal information or data if you submit it to us in other contexts (e.g., if you provide us with a testimonial).  

Personal Information Automatically Collected

As is true of many digital properties, we and our third-party partners may automatically collect certain information from or in connection with your device when visiting or interacting with our Services, such as the list below and in the sub-sections here:

• • Log Data, including internet protocol (IP) address, operating system, device type and version, browser type and version, browser id, the URL entered and the referring page/campaign, date/time of visit, other user agent string data, the time spent on our Services, and any errors that may occur during the visit to our Services). Log data may overlap with the other categories of data below.
  • Analytics data, Including the electronic path you take to our services, through our services and when exiting our services, UTM source, as well as your usage and activity on our services, such as the time zone, activity information (first and last active date and time), usage history (flows created, campaigns scheduled, emails opened, total log-ins) as well as the pages, links, objects, products and benefits you view, click or otherwise interact with. We may also analyze the interaction between you and your customer using our Services.  
  • Location data (such as coarse geographic location we or our third-party providers may collect, such as via permissions within app operating system or browser functionality).

We and our third-party providers may use (i) cookies or small data files that are stored on an individual’s computer and (ii) other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this personal information. We may also use this information to distinguish you from other users of our Services. This helps us monitor and analyze how you use and interact with our Services. It also helps us and our partners to determine products and services that may be of interest to you. For more information about these practices and your choices regarding cookies, please see the Control Over Your Information section and our Cookie Notice. 

Personal Information from Third Parties

We also obtain personal information from third parties; which we often combine with personal information we collect either automatically or directly from an individual.

We may receive the same categories of personal information as described above from the following third parties:

• • CreatorLabs Affiliates: We may receive personal information from other companies and brands owned or controlled by CreatorLabs, and other companies owned by or under common ownership as CreatorLabs, which also includes our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns.  These companies will use your personal information in the same way as we can under this Privacy Notice.

• • Other Users or Individuals who Interact with our Service: We may receive your information from other users or other individuals who interact with our Service. For example, if you engage in one of our communications hosted on third-party platforms, we will be able to see any public communications made within that platform. 
  • Social Media: When an individual interacts with our Service through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Google, Facebook, Twitter, or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network, and may include your profile information, profile picture, gender, username, user ID associated with your social media account, age range, language, country, information on your uploaded content, performance analytics, and any other information you permit the social network to share with third parties. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.
  • Service Providers: Our service providers that perform services solely on our behalf, such as survey and marketing providers and payment processors, collect personal information and often share some or all of this information with us. The information may include contact information, demographic information, payment information, information about your communications and related activities, and information about your orders. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
  • Business Partners: We may receive your information from our business partners, such as companies that offer their products and/or services on our Service. We may use this information to administer and facilitate our services, your orders, and our marketing activities.
  • Information we receive from authentication services you connect to our Service: Some parts of our Service may allow you to login through an authentication service such as Facebook, Instagram or YouTube. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. The data we receive is dependent on that third party’s policies and your privacy settings on that third-party site. If you choose to connect a Google or Gmail account to our Sites, we will ask you to grant us application permissions to access your Gmail account. These permissions are necessary to sustain the functionality of our Sites. We will store your authentication token and account email address. This data will be securely stored to be used by us to provide you with the Service (including but not limited to logging into your account and sending emails). This data will not be voluntarily shared with any third parties, but we may provide this information to legal authorities upon their lawful request. Should you choose to disconnect your Gmail account or decide to close your account, any information from Google that is stored on our servers will be removed permanently. We do not use data obtained from our customers (from their Google accounts) for advertising purposes. We may need access to the user data to resolve a support issue, provide advice on service usage or provide any other help requested by the user, or as such access may be necessary for a security investigation or to comply with applicable laws. We use this information to operate, maintain, and provide to you the features and functionality of the Service.  We may also send you service-related emails or messages (e.g., account verification, purchase confirmation, customer support, changes, or updates to features of the Site, technical and security notices).
  • Information We Receive from Third-Party Social Media Platforms You Connect to Our Service.  We may receive personal information about you or information about your business from third party social media platforms and combine that with information we collect through our Service.  For example, if you choose to connect your CreatorLabs account to a third-party social media service (via API) such as  Facebook, Instagram or YouTube, we may collect information about you and your business, including your profile information, the content of your posts, your aggregate number of followers and any other information collected by the platform. The data we receive from third-party sites is dependent upon the third party’s policies and your privacy settings on that third-party site. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service.  

• • Other Sources: We may also collect Personal Information about individuals that we do not otherwise have from, for example, publicly available sources, third-party data providers, brand partnerships, or through transactions such as mergers and acquisitions. We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.   

Additional Uses of Personal Information

We may use personal information we collect to: 

• • Fulfill or meet the reason the information was provided, such as to fulfill our contractual obligations, to deliver the Service you have requested and to process transactions, including providing you with a white paper you have requested or an online product demonstration;
  • Manage our organization and its day-to-day operations; 
  • Communicate with individuals, including via email, and/or social media;
  • Request individuals to complete surveys to enhance their profiles, about our organization, organizations we partner with, and the Service and to enhance and develop our Service; 
  • For marketing and advertising purposes, including to market to you or offer you through email or direct mail, information and updates on brand partnerships and sponsorship opportunities we think that you may be interested in (where applicable, we may send you marketing messages if you have given us your consent to do so or where we have relied on the soft opt-in rule);
  • Administer, improve and personalize our Service, including by recognizing an individual and remembering their information when they return to our Service;
  • Process payment for our Service;
  • Facilitate customer benefits and services, including customer support through our command center services; 
  • Identify and analyze how individuals use our Service;
  • Conduct research and analytics on our customer and user base and our Service;  
  • Improve and customize our Service to address the needs and interests of our user base and other individuals we interact with;
  • Test, enhance, update and monitor the Service, or diagnose or fix technology problems; 
  • Help maintain the safety, security and integrity of our property and Service, technology assets and business;
  • To enforce our Terms of Service, to resolve disputes, to carry out our obligations and enforce our rights, and to protect our business interests and the interests and rights of third parties;
  • Prevent, investigate or provide notice of fraud or unlawful or criminal activity;
  • Comply with contractual and legal obligations and requirements; 
  • To fulfill any other purpose for which you provide personal information; and
  • For any other lawful purpose, or other purpose that you consent to.

Where you choose to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide you with additional privacy-related information where the scope of the inquiry/request and/or personal information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy notice will govern how we may process the information provided at that time. 

III. OUR DISCLOSURE OF PERSONAL INFORMATION

We may also share, transmit, disclose, grant access to, make available, and provide personal information with and to third parties, as follows: 

• • CreatorLabs Entities: We may share personal information with other companies owned or controlled by CreatorLabs, and other companies owned by or under common ownership as CreatorLabs, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services. 
  • Marketing Providers: We coordinate and share personal information with our marketing providers in order to communicate with individuals about the Service we make available. 
  • Customer Service and Communication Providers: We share personal information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries.
  • Other Service Providers: In addition to the third parties identified above, we engage other third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, employment application-related services, payment processing services, and administrative services. 
  • Other Users: If you participate in any of our online communities, we may disclose your public profile information to other online community members, as well as any other information you choose to provide or make public.
  • Survey Providers: We share personal information with third parties who assist us in delivering survey offerings and processing the responses. 
  • Ad Networks and Advertising Partners: We work with third-party ad networks and advertising partners to deliver advertising and personalized content on our Services, on other websites and services, and across other devices. These parties may collect information directly from a browser or device when an individual visits our Service through cookies or other data collection technologies. This information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Please see the Third-Party Data Collection and Online Advertising section and our Cookie Notice for more information.
  • Business Partners:  From time to time, we may share personal data with our business partners or we may allow our business partners to collect your personal information. Our business partners will use your information for their own business and commercial purposes, including to communicate with you about potential brand partnerships and affiliate marketing programs.
  • Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.  
  • Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors and law enforcement: 
    • in connection with the establishment, exercise, or defense of legal claims; 
    • to comply with laws or to respond to lawful requests and legal process; 
    • to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
    • to detect, suppress, or prevent fraud; 
    • to protect the health and safety of us and others; or 
    • as otherwise required by applicable law.
  • With Your Consent: We may disclose personal information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Sites or service-related publications. 

CreatorLabs’s use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.

IV. CONTROL OVER YOUR INFORMATION

You may control your information in the following ways:

• • Email Communications Preferences.  You can stop receiving promotional email communications from us by clicking on the “unsubscribe” link provided in such communications.  You may not opt-out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Services, technical and security notices).
  • Modifying Profile and Resume Information.  If you have an account for our Service, you have the ability to modify certain information in your account, including your contact information, your user-generated resumes as well as what information about you is visible to others at your request, through the account setting page or a similar option provided on the Service.  If you have any questions about modifying or updating any information in your account, please contact us at hello@creatorlabs.com.
  • Cookies: For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices you may have in relation to cookies, please see the Information We Collect Automatically section above.
  • Online Ads: To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Digital Advertising Alliance’s (DAA) resources and/or the Network Advertising Initiative’s (NAI) online resources, at www.aboutads.info/choices  or http://www.networkadvertising.org/choices/ or if you are in the European Economic Area, United Kingdom or Switzerland: https://youronlinechoices.eu/. You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android).  You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app. 

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services.  It means that the online ads that you do see from DAA program participants should not be based on your interests.  We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

V. CHILDREN’S PERSONAL INFORMATION

Our Service is not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 16. If an individual is under the age of 16, they should not use our Service or otherwise provide us with any personal information either directly or by other means. If a child under the age of 16 has provided personal information to us, we encourage the child’s parent or guardian to contact us to request that we remove the personal information from our systems. If we learn that any personal information we collect has been provided by a child under the age of 16, we will promptly delete that personal information.

VI. LINKS TO THIRD-PARTY WEBSITES OR SERVICES

Our Service may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices. 

VII. UPDATES TO THIS PRIVACY NOTICE

We may update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

VIII. CONTACT US

If you have any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to hello@creatorlabs.com.

If you are located in the European Economic Area, United Kingdom, and Switzerland, please contact us using the following information: 

hello@creatorlabs.com 

IX. REGION-SPECIFIC DISCLOSURES

We may choose or be required by law to provide different or additional information relating to the processing of personal information (as defined below) about residents of certain countries, regions or states. Please refer below for additional information that may be applicable to you:

a. UNITED STATES 

1. CALIFORNIA 

If you are a California Resident, please see our California Privacy Notice for additional California-specific privacy information.

2. NEVADA 

If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. Although we do not currently sell covered information, please contact us at hello@creatorlabs.com with the subject line “Nevada Opt Out Request” to submit such a request.

b. EUROPEAN ECONOMIC AREA, UNITED KINGDOM OR SWITZERLAND

If you are located in European Economic Area (Member States of the European Union together with Iceland, Norway, and Liechtenstein), United Kingdom, or Switzerland, please see the Additional European Economic Area, United Kingdom, and Switzerland Privacy Disclosures section for additional European-specific privacy disclosures.

ADDITIONAL EUROPEAN ECONOMIC AREA, UNITED KINGDOM, AND SWITZERLAND PRIVACY DISCLOSURES 

These Additional Disclosures set out information about how we use your personal data when you access our Service from the European Economic Area (“EEA”), United Kingdom (“UK”), and Switzerland. Please ensure that you have read and understood these Privacy Disclosures before you access or use the Services. 

Personal Data: When we use the term “personal data” in these Privacy Disclosures, we mean information relating to an identified or identifiable natural person.

Controller: East West International Marketing Group, Inc. dba CreatorDB, a company duly incorporated and organised under the laws of United States of America, having its registered address at 651 N Broad St Suite 201, Middletown, DE 19709, is the “controller” responsible for the processing of personal data in connection with our Services. This means that we determine and are responsible for how your personal data is used.

Legal Bases for Processing

Our processing of your personal information is described in the Section “Our Collection and Use of Personal Information.” We only process and retain your personal information as permitted under applicable law. For example, we will only process your information where we have established a lawful basis to do, as follows and as set forth in detail in the chart below: 

• • When it is necessary for the performance of a contract to which you are party, or to take steps at your request prior to agreeing a contract: This applies to any processing where you sign a contract with us, for example when you become our customer, participate in our affiliate or premium partner program, or deliver services to us as a vendor or contractor. This may also include our Terms of Service.
  • We have a legitimate interest which we believe outweighs your interests or fundamental rights and freedoms. This applies to the following processing activities:
    • When we communicate: To respond to your inquiries and, on some occasions, keep records in case of complaints or legal claims. 
    • When you use our Service: When you access and use our Service, we process technical and analytics data to see if and how our Service can be improved, so that we can offer you a better user experiences in the future. 
    • Global Suppression List: Avoid contacting you again if you have withdrawn your consent to marketing-related activities.
    • Marketing to existing customers (unless you have consented to such marketing): To find, customize and offer products and services we hope you find useful and relevant, i.e., provide you with excellent customer service.
    • Sharing personal information with other parties: To run our business efficiently and securely.
  • Your consent: Wherever you clearly consent to the processing, for example when you sign up for our newsletters or events, request a demo, free trial or a download, or submit a survey. Here, your consent is implied, meaning that you consent by submitting a particular form. We also rely on your consent for using cookies and other technologies on our website and here you explicitly agree to these. Note that your default setting depends on your location (country), as the rules for using such technologies vary across jurisdictions.

We are subject to a legal obligation: For any processing where we need to comply with laws and regulations related to bookkeeping, accounting, taxation and employment, for example for keeping records.

Marketing and Advertising 

From time to time we may contact you with information about our services, including sending you marketing messages and asking for your feedback on our services. Most marketing messages we send will be by email. For some marketing messages, we may use personal data we collect about you to help us determine the most relevant marketing information to share with you. 

We will only send you such messages if you have given us your consent to do so. You can withdraw your consent at a later date by clicking on the unsubscribe link at the bottom of our marketing emails.

Profiling 

We may analyze personal data you provide to use through the use of our Services or that we otherwise have access to in order to create a profile of your background and expertise so we can better connect you with potential business opportunities, and enable you to create professional materials, such as automatically generated resumes and presentations. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use personal data about you to detect and reduce fraud. 

Cookies and Similar Technologies Used on Our Services 

Our Services use cookies and similar technologies such as pixels and Local Storage Objects (LSOs) like HTML5 (together “cookies”) to distinguish you from other users of our Services. This helps us to provide you with a good experience when you browse our Services and also allows us to monitor and analyse how you use and interact with our Services so that we can continue to improve our Services. It also helps us and our partners to determine products and services that may be of interest to you. Please see our Cookie Notice for more information about these practices and your choices regarding cookies.

Tracking Technologies Used in Our Emails 

Our emails may contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. This helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and to understand if you have opened and read any important administrative emails we might send you. 

Most popular email clients will allow you to block these pixels by disabling certain external images in emails. You can do this through the settings on your email client – these generally give you the option of choosing whether emails will display “remote images”, “remote content” or “images” by default.

Some browsers also give you the option of downloading and installing extensions that block pixels and other tracking technologies.

Processing Method 

Personal data will be processed with IT-based tools and/or processed manually for the length of time needed to achieve the purpose for which it was collected. In particular, personal data collected for the purposes outline in the Our Collection and Use of Personal Information section of the Privacy Notice will be also processed with the usage of automated mechanisms based on procedures and logics that are strictly related to the purposes specified.

Your Rights in Respect of Your Personal Information 

In accordance with applicable privacy law, you have the following rights in respect of your personal information that we hold:

(a) Right of access. You have the right to obtain:

(i) confirmation of whether, and where, we are processing your personal information;

(ii) information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods;

(iii) information about the categories of recipients with whom we may share your personal information; and

(iv) a copy of the personal information we hold about you.

(b) Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.

(c) Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay. 

(d) Right to erasure. You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified. 

(e) Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.

(f) Right to withdraw consent. There are certain circumstances where we require your consent to process your personal information. In these instances, and if you have provided consent, you have the right to withdraw your consent. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal. 

If you have granted us consent to use your personal information, we will use it only for the purposes specified in the consent declaration. Please note that to the extent our processing is based on your consent and you deny your consent or withdraw it, we may not be able to provide the Service relating thereto. Besides from that, neither the initial denial nor a withdrawal will have any negative consequences for you.

You have the right to provide instructions regarding the retention, deletion and disclosure of your personal information after your death. In the absence of instructions from you, it is possible for your heirs to request the disclosure or deletion of your personal information.

You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case.  You can object to marketing activities for any reason. 

You also have the right to lodge a complaint to your local data protection authority. Information about how to contact your local data protection authority is available here. If you are based in the UK or Switzerland, your local data protection authorities are the UK Information Commissioner’s Office (https://ico.org.uk/global/contact-us/) and the Swiss Federal Data Protection and Information Commissioner (https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact/address.html).

In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

If you wish to exercise one of these rights, please contact us at hello@creatorlabs.com. 

Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights.

Data Retention

We will usually store the personal information we collect about you for no longer than necessary for the purposes set out in this Privacy Notice, and in accordance with our legitimate business interests and applicable law. For example, if your personal information is subject to the EU GDPR or UK GDPR, the criteria used to determine the period for which personal data about you will be retained varies depending on the legal basis under which we process the personal data:

• • Contract. Where we are processing personal data is based on contract, we generally will retain your personal data for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from our contractual relationship.
  • Legitimate Interests. Where we are processing personal data based on our legitimate interests, we generally will retain such information for a reasonable period of time based on the particular interest, taking into account your fundamental interests and your rights and freedoms.
  • Consent. Where we are processing personal data based on your consent, we generally will retain your personal data until you withdraw your consent, or otherwise for the period of time necessary to fulfil the underlying agreement with you or provide you with the applicable service for which we process that personal data.
  • Legal Obligation. Where we are processing personal data based on a legal obligation, we generally will retain your personal data for the period of time necessary to fulfil the legal obligation.
  • Legal Claim. We may need to apply a “legal hold” that retains information beyond our typical retention period where we face threat of legal claim or intent to establish a claim.  In that case, we will retain the information until the hold is removed, which typically means the claim or threat of claim has been resolved.

In all cases, in addition to the purposes and legal bases, we consider the amount, nature and sensitivity of the personal data, as well as the potential risk of harm from unauthorized use or disclosure of your personal data.

Storing and Transferring Your Personal Information

Security. We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, change or damage. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers.

International Transfers of Your Personal Information. The personal information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we and our third-party service providers have operations, including in the United States. If you are accessing our Service from the EEA, UK or Switzerland, your personal information will be processed outside of the EEA, the UK and Switzerland.

In the event of such a transfer, we ensure that: (i) the personal information is transferred to countries recognised as offering an equivalent level of protection; or (ii) the transfer is made pursuant to appropriate safeguards, such as standard contractual clauses adopted by the European Commission. If you wish to enquire further about these safeguards used, please contact us using the details set out in this Privacy Notice.

CALIFORNIA PRIVACY NOTICE

SCOPE OF NOTICE

This California Privacy Notice (the “CA Notice”) supplements the information contained in our Privacy Notice above and applies solely to individual residents of the State of California (“consumers” or “you”).

This CA Notice describes how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (CCPA).

Unless otherwise expressly stated, all terms in this CA Notice have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA.

COLLECTION AND USE OF PERSONAL INFORMATION

We collect personal information from and about consumers for a variety of purposes. To learn more about the types of personal information we collect, the sources from which we collect or receive personal information, and the purposes for which we use this information, please refer to the “Our Collection of Personal Information” and “Our Use of Personal Information” sections of our Privacy Notice.

In the last 12 months, we have collected the following categories of personal information:

• • Identifiers, such as your username and email address;
  • California Customer Records (Cal. Civ. Code § 1798.80(e)), such as your log-in credentials and phone number;
  • Commercial Information, such as products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  • Internet/Network Information, such as device information, logs and analytics data;
  • Geolocation Data, such as your approximate location based upon your IP address;
  • Professional/Employment Information, such as job title and company;
  • Other Personal Information, including information you submit into the feedback forms and any communications between you and CreatorLabs, as well as information we receive from social networking sites; and
  • Inferences, such as information generated from your use of the Service reflecting predictions about your interests and preferences.

We collect this information from a variety of sources, including: directly from you, from our business partners and affiliates, from your browser or device when you use our Services, or from third parties that you permit to share information with us. Please see the Our Collection of Personal Information section of the Privacy Notice for more information about the sources of personal information we collect.

DISCLOSURE OF PERSONAL INFORMATION

As described in the Our Disclosure of Personal Information section of our Privacy Notice, we share personal information with third parties for business purposes or we may sell your personal information to or share your personal information with third parties, subject to your right to opt out of those sales.

The categories of third parties to whom we sell or disclose your personal information for a business purpose may include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) marketing and strategic partners; (iv) analytics providers; and (v) social networks.

In the previous 12 months, we have disclosed or sold all of the categories of personal information we collect, explained in the Collection and Use of Personal Information section of this CA Notice, to third parties for a business purpose.

SENSITIVE PERSONAL INFORMATION

In the last 12 months, we have collected the following categories of sensitive personal information:

• • Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;

CreatorLabs only uses or discloses sensitive personal information for the following purposes, where such use or disclosure is necessary and proportionate for those purposes: for performing services you have requested, for detecting security incidents, fraud and other illegal actions, to ensure the physical safety of natural persons, to perform services on behalf of the business, or for short term transient use. CreatorLabs only collects and processes sensitive information without the purpose of inferring characteristics about a consumer. 

YOUR CALIFORNIA PRIVACY RIGHTS

As a California resident, you may be able to exercise the following rights in relation to the personal information that we have collected about you (subject to certain limitations at law):

HOW TO EXERCISE YOUR CALIFORNIA CONSUMER RIGHTS

To Exercise Your Right to Access, Right to Know, Right to Deletion, Right to Correction or Right to Opt Out of Profiling

Please submit a request by either:

• • Emailing us at hello@creatorlabs.com with the subject line, “California Rights Request,” 
  • Completing our Individual Rights Form; or

Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your email address, date of registration and/or date of last transaction on our Services.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

To Exercise Your Right to Opt Out of Personal Information Sales or Sharing for Targeted Advertising 

Unless you have exercised your Right to Opt-Out, we may “share” your personal information for targeted advertising purposes, or “sell” your personal information to third parties for monetary or other valuable consideration. The third parties to whom we sell personal information may use such information for their own purposes in accordance with their own privacy policies. 

You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.

To exercise the Right to Opt-Out of personal information sharing for targeted advertising purposes or data “sales.” you may submit a request by clicking on the following link: 

DO NOT SHARE OR SELL MY PERSONAL INFORMATION

As is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third party businesses to collect and disclose your personal information (including preferences, geolocation, commercial information and internet, network and device information) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting and may sell that information to other businesses for advertising and other purposes. By visiting here, you can opt out from sales of this type of personal information by businesses that participate in the opt-out tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at https://www.privacyrights.info/.  

To exercise the Right to Opt-Out of personal information sharing or selling for targeted advertising purposes, you may also submit a request by clicking on the following link: 

DO NOT SHARE OR SELL MY PERSONAL INFORMATION

To learn more about how third parties collect information through tracking technologies and what other choices you may have in relation to those activities, please see our Cookie Notice.

Authorized Agents

In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through the designated methods set forth in this CA Notice where we can verify the authorized agent’s authority to act on your behalf. 

For requests to know, delete, or correct personal information, we require the following for verification purposes: 

1. a power of attorney valid under the laws of California from you or your authorized agent; or 
2. sufficient evidence to show that you have:
1. provided the authorized agent signed permission to act on your behalf; and
2. verified your own identity directly with us pursuant to the instructions set forth in this CA Notice; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf. 

For requests to opt-out of personal information “sales” or “sharing”, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.

Minors 

We do not sell the personal information and do not have actual knowledge that we sell the personal information of minors under 16 years of age. Please contact us at hello@creaorlabs.com to inform us if you, or your minor child, are under the age of 16.

If you are under the age of 18 and you want to remove your name or comments from our website or publicly displayed content, please contact us directly at hello@creatorlabs.com. We may not be able to modify or delete your information in all circumstances.

SHINE THE LIGHT DISCLOSURE

The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. To opt out of this type of sharing, please click on the Do Not Share or Sell My Personal Information link above. 

COOKIE NOTICE

Last Modified: April 25th, 2023

Unless otherwise expressly stated, terms in this notice have the same meaning as defined in the Privacy Notice.

1. SCOPE OF NOTICE

This Cookie Notice supplements the information contained in the Privacy Notice and explains how we and our business partners and service providers use cookies and related technologies in the course of managing and providing our online services and our electronic communication to you. It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases, we may use cookies and related technologies described in this Cookie Notice to collect personal information, or to collect information that becomes personal information if we combine it with other information. For more details about how we process your personal information, please review the Privacy Notice.

2. WHAT ARE COOKIES AND RELATED TECHNOLOGIES

As is common practice among websites, our Service uses cookies, which are tiny files downloaded to your device that allow us and our third-party partners to collect certain information about your interactions with our email communications, websites and other online services, and that improve your experience. We and our third-party partners and providers may also use other, related technologies to collect this information, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”).

We use the following types of cookies:

(a) Strictly necessary cookies.  These cookies enable core functionality such as security, network management and accessibility. You may disable these by changing your browser settings, but this may affect how the Service functions. The legal basis for our use of strictly necessary cookies is our legitimate interests, namely being able to provide and maintain our Services. Please see the website Cookies Chart for more information.

(b) Functional cookies. These enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in. The legal basis for our use of functionality cookies is our legitimate interests, namely being able to provide and maintain our Services. Please see the website Cookies Chart for more information.

(c) Analytical/performance cookies. These cookies allow us to recognize and count the number of visitors to our Services, and to see how visitors move around our Service when they are using it. This helps us to improve the way our Service works, for example, by ensuring that users are finding what they are looking for easily.  If you are accessing our Service with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent. Please see the website Cookies Chart for more information.

(d) Targeting cookies. These cookies record your visit to our Services, the pages you have visited and the links you have followed. They are used to track visitors across our Services. If you are accessing our Service with a European IP address, you have been asked to consent to the use of these cookies. You are free to deny your consent. Please see the website Cookies Chart for more information.

3. WHAT WE COLLECT WHEN USING COOKIES

We and our third-party partners and providers may use cookies to automatically collect certain types of usage information when you visit or interact with our email communications and Services. For example, we may collect log data about your device and its software, such as your IP address, operating system, browser type, date/time of your visit, and other similar information. Our emails may also contain tracking pixels that identify if and when you have opened an email that we have sent you, how many times you have read it and whether you have clicked on any links in that email. We may also collect analytics data or use third-party analytics tools to help us measure usage and activity trends for our online services and better understand our customer base. We also may collect location data, including general geographic location based on IP address or more precise location data when a user accesses our online services through a mobile device.

We may include or engage in the following as part of our Service: 

• • Social Media Widgets and Advertising.  Our Service may include social media features, such as the Facebook “Like” button, Pinterest, Instagram, Twitter or other widgets. These social media companies may recognize you and collect information about your visit to our Service, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
  • Social Media Platforms. We may display targeted advertising to you through social media platforms, such as Facebook, Twitter, Instagram, LinkedIn, and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our website visitors through a first-party pixel, in order to direct targeted advertising to you or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them. If you do not want to receive targeted ads on your social networks, you may be able to adjust your advertising preferences through your settings on those networks. 
  • Third Party Partners.  We work with a variety of third-party partners to provide advertising services. For example, we use Google Analytics to recognize you and link the devices you use when you visit our Service on your browser or mobile device, log in to your account on our Service, or otherwise engage with us.  We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Service and to tailor our advertisements and content to you.  For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s website, “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here: https://tools.google.com/dlpage/gaoptout/.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Services.  You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at  https://google.com/ads/preferences, or by visiting NAI’s online resources at  http://www.networkadvertising.org/choices.

4. HOW WE USE INFORMATION COLLECTED VIA COOKIES

We use cookies for a variety of reasons outlined below:

• • If you create an account with us, we will use cookies for the management of the signup process and general administration.  These cookies will usually be deleted when you log out; however, in some cases, they may remain in order to remember your site preferences when logged out.
  • We use cookies when you are logged in so that we can remember you.  These cookies are typically removed or cleared when you log out to ensure you can only access restricted features and areas when logged in.
  • The Service may offer newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
  • When you submit data through a form, such as those found on the contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
  • In order to provide you with a great experience on the Services, we provide the functionality to set your preferences for how the Service runs when you use it.  In order to remember your preferences, we need to set cookies so that this information can be called whenever you interact with a website page.
  • We use cookies to provide and monitor the effectiveness of our Services, monitor online usage and activities of our Service, and facilitate the purposes identified in the How We Use Your Personal Information section of our Privacy Notice.
  • We may also use the information we collect through cookies to understand your browsing activities, including across unaffiliated third-party sites, so that we can deliver information about products and services that may be of interest to you.
  • Tracking technology used in emails helps us measure the effectiveness of our marketing email campaigns, make the emails we send to you more relevant to your interests and help us understand if you have opened and how you interacted with our email. 

Please note that we link some of the personal information we collect through cookies with the other personal information that we collect about you and for the purposes described in our Privacy Notice.

5. YOUR CHOICES ABOUT COOKIES

If you would prefer not to accept cookies, most browsers will allow you to change the setting of cookies by adjusting the settings on your browser to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.  Be aware that disabling cookies may negatively affect the functionality of this and many other websites that you visit.  Disabling cookies will usually result in also disabling certain functionalities and features of the Services.

Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

If you are located in the EEA, UK, or Switzerland, you may take advantage of Your Online Choices. This service allows you to select tracking preferences for most of the advertising tools. As such, it is recommended that you make use of this resource in addition to the information provided in this document.

COOKIES CHART

Strictly Necessary

Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

Functional 

Functional cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

Analytics / Performance 

We use analytics cookies to make aggregated reports on visitor interactions with our website. The reports include information regarding the time spent on the websites and the geographic area from which the user is connected. We use such information to optimize our website and offer the best user experience. We set such analytics features to anonymize your IP address. In that case, we don’t process a personal information. In fact, the full IP address is never written nor memorized by a system. For instance, if your IP is 12.428.58.394, the technology promptly erases the last three numbers. In such way, we are not able to link an IP like 12.428.58.0 to an individual. Where such analytics technologies are based on the processing of your entire Internet Protocol (IP)address, we ask for your consent to process such information. 

Targeting

Targeting cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

CREATORLABS TERMS OF SERVICE

Last Modified: April 25th, 2023

Welcome to the CreatorLabs Terms of Service (the “Terms”) of CreatorDB, Inc. (“we”, “our” or “us”). This page explains the terms and conditions by which you may use our website, online services, software, APIs, and documentation provided on or in connection with CreatorLabs (collectively, our “Service”). When you access or use our Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms whether or not you are a registered user of our Service. You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Notice available at https://www.creatorlabs.com/policies/#privacy (“Privacy Notice”). We reserve the right to modify these Terms and will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access our Service (“Users”).

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 13.2 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRES THAT ANY DISPUTES BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.

Please note that if you are an individual and you access or use our Service on behalf of a company or other entity, such as your employer (together with its affiliates, an “Organization”), then: (a) these Terms are an agreement between us and you and us and that Organization; (b) you represent and warrant that you have the authority to bind that Organization to these Terms (and if you do not have that authority, you may not access or use our Service); (c) your acceptance of these Terms will bind such Organization to these Terms; (d) your individual right to access and use our Service may be suspended or terminated (and ownership and administration of your User Account may be transferred) if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (e) we may disclose information regarding you and your use of our Service with such Organization; and (f) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for our Service using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of our Service (or reimburses you for payment of such fees), or otherwise, then, we may deem you to be accessing and using our Service on behalf of that Organization in our sole discretion.

1. How We Administer our Service.

1.1 Eligibility.

You may use our Service only if you can form a legally binding contract with us (and on behalf of your Organization, as applicable), and only in compliance with these Terms and all applicable local, state, national and international laws, rules and regulations. To use our Service, you must be at least thirteen (13) years of age. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms. If you are a minor (which is under the age of eighteen (18) in most states), you may use our Service only with the involvement of a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent and warrant that you have your parent or guardian’s permission to use our Service and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use our Service, you are subject to these Terms and responsible for your child’s activity on our Service. Our Service is not available to any Users we previously removed from our Service.

1.2 User Accounts.

Your account on our Service (your “User Account”) gives you access to our Service that we may establish and maintain from time to time. We may maintain different types of User Accounts for different types of users. You acknowledge that you do not own your User Account. By connecting to CreatorLabs with a third-party service such as social media profile, you give us permission to access and use your information from that service as permitted by that service.

You may not use another User’s User Account without such User’s permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password(s) strong and secure. You should notify us immediately of any breach of security or unauthorized use of your User Account. Any individual with administrator-level access to your User Account can modify your User Account settings, access and billing information. We will not be liable for any losses caused by any unauthorized use of your User Account, or for any changes to your User Account, including your ability to access your User Account or Your Content (defined below), made by any individual with administrator-level access to your User Account.  

You may control certain aspects of your User Account profile and how you interact with our Service by changing the settings in your settings page. By inputting or providing us with your contact information, including email address, address, mobile telephone number and/or telephone number, or by otherwise creating a User Account, you electronically consent to receiving Service-related notices, including any notices required by law, in lieu of communication by postal mail, as well as marketing or advertising messages, such as changes to features of our Service and special offers, which we or third parties may send you via email or mobile push notices. If you do not want to receive such messages, you may opt out or change your preferences by contacting our Service support team at hellot@creatorlabs.com or by clicking the unsubscribe link within each marketing or advertising message. Opting out will not prevent you from receiving Service-related notices. 

1.3 Changes, Suspension, and Termination. 

You may cancel your User Account at any time. We may change our Service, stop providing our Service or features of our Service to you or to our users generally, or create usage limits for our Service. We may permanently or temporarily terminate or suspend your access to our Service without notice and liability, without cause or for any reason, including if in our sole determination you violate any provision of these Terms or if you no longer meet the requirements for the number of followers in order to maintain a User Account. Upon termination, you continue to be bound by these Terms. 

1.4 Your Interaction with Other Users. 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND SHARING OF INFORMATION WITH OTHER USERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND OTHER USERS. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM YOUR INTERACTIONS WITH OTHER USERS, OR FOR ANY USER’S ACTION OR INACTION, INCLUDING RELATING TO USE OF YOUR CONTENT.

2. What Is Included in Your Service Subscription, and What are the Restrictions. 

2.1 Access to our Service. 

Subject to your compliance with these Terms and during the applicable Subscription Term, you may access and use our Service for your own business purposes or personal use, as applicable, except as may be limited by your Organization as described above, all in accordance with these Terms and associated documentation we provide you. 

2.2 Software License. 

To the extent you receive any software (including as software-as-a-service) from us in connection with our Service, subject to your compliance with these Terms, we grant to you a non-exclusive, non-transferable, non-sublicensable right and license to use our software solely as reasonably necessary for your use of our Service in accordance with these Terms.

2.3 Restrictions and Acceptable Use.

Except to the extent a restriction is prohibited by law, you agree not to do, and not to assist, permit or enable any third party to do, any of the following:

(a) disassemble, reverse engineer, decode or decompile any part of our Service;

(b) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record our Service;

(c) copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter or create derivative works of any part of our Service or any of our Intellectual Property (defined below);

(d) use our Service in any manner that impacts (i) the stability of our servers, (ii) the operation or performance of our Service or any User’s use of our Service, or (iii) the behavior of other applications using our Service;

(e) use our Service in any manner or for any purpose that (i) violates or promotes the violation of any applicable law, regulation, legal requirement, contractual obligation or right of any person including, but not limited to, intellectual property rights, rights of privacy, or rights of personality, (ii) is fraudulent, false, deceptive or defamatory, (iii) promotes hatred, violence or harm against any individual or group, or (iv) otherwise may be harmful or objectionable (in our sole discretion) to us, our providers, our suppliers, our Users, or any other third party; 

(f) use or display our Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of our Service, or otherwise to our detriment or disadvantage; 

(g) attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running our Service; 

(h) transmit viruses, worms or other software agents through our Service; 

(i) impersonate another person or misrepresent your affiliation with a person or entity, hide or attempt to hide your identity, or otherwise use our Service for any invasive or fraudulent purpose; 

(j) violate the terms of any third party social media platforms or Third-Party Services (as defined below) to which your User Account may be connected or that you may use in connection with our Service;

(k) share passwords or authentication credentials for our Service, or otherwise circumvent the measures we may use to prevent or restrict access to our Service or enforce limitations on use of our Service;

(l) identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent; or

(m) create multiple User Accounts for the same User (regardless of whether connected to different social media platforms) to circumvent our API limitations or for any other purpose in violation of these Terms.

3. Terms Applying to Your Content.

As between us and you, you (or your licensors) will own any and all information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you (or on your behalf or from third parties at your direction) by or through our Service (“Your Content”).  For an Organizational account, we may assume, in our sole discretion, that all of Your Content belongs to that Organization.  

WE CLAIM NO OWNERSHIP RIGHTS OVER YOUR CONTENT. However, you understand that certain portions of our Service may allow other Users to view, edit, share, and/or otherwise interact with Your Content. By providing or sharing Your Content through our Service, you agree to allow others to view, edit, share, and/or interact with Your Content in accordance with your settings and these Terms. You agree to mark any sensitive or proprietary content as confidential prior to making such content available to any other User. We have the right (but not the obligation) in our sole discretion to remove any of Your Content that is shared via our Service. You hereby grant each User a non-exclusive license to access Your Content through our Service, and to use, reproduce, distribute, display and perform Your Content, which you make available to such User through our Service.

You further grant, and you represent and warrant that you have all rights necessary to grant, to us an irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to use, copy, store, modify, distribute and display Your Content: (a) in connection with our CreatorDB search engine currently accessible at the following URL: https://www.creatordb.app/ and which we may update from time to time (“CreatorDB Search Engine”); (b) to maintain and provide our Service; (c) solely in de-identified form, to improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends (and we will own such de-identified data); and (d) to perform such other actions as described in our Privacy Notice or as authorized by you in connection with your use of our Service.

In connection with Your Content, you affirm, represent and warrant the following:

• • You have the written consent of each and every identifiable natural person in Your Content, if any, to use such person’s name or likeness in the manner contemplated by our Service and these Terms, and each such person has released you from any liability that may arise in relation to such use;
  • You have obtained and are solely responsible for obtaining all consents as may be required by law to post any of Your Content relating to third parties;
  • Your Content and our use thereof as contemplated by these Terms and our Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • Your Content does not include any information or material that a governmental body deems to be sensitive or classified information, and by providing Your Content to or through our Service, you are not violating the confidentiality rights of any third party; and
  • We may exercise the rights to Your Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY OF YOUR CONTENT THAT YOU OR ANY OTHER USER OR THIRD-PARTY POSTS, SENDS, OR OTHERWISE MAKES AVAILABLE OVER OUR SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONTENT AND THE CONSEQUENCES OF POSTING, PUBLISHING IT, SHARING IT, OR OTHERWISE MAKING IT AVAILABLE ON OUR SERVICE, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR YOUR ONLINE DISTRIBUTION AND PUBLICATION OF YOUR CONTENT. YOU UNDERSTAND AND AGREE THAT ON OUR SERVICE YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY CONTENT ACCESSED ON OR THROUGH OUR SERVICE.

4. Our Intellectual Property.

You acknowledge and agree that our Service, and all materials and content displayed or made available on our Service, other than Your Content, and all software, algorithms, code, technology and intellectual property underlying and included in or with our Service, and all intellectual property rights therein and thereto throughout the world (collectively and individually, our “Intellectual Property”), are our (or our licensors’ as applicable) sole and exclusive property. Any downloadable, sharable, hostable, or exportable representation or resume based on Your Content (“Data Resume”) provided to you by us is owned by us and we grant you a non-exclusive, non-transferable, non-sublicensable right and license to use your Data Resume solely as reasonably necessary for your use of our Service in accordance with these Terms and in connection with the CreatorDB Search Engine. We may publish or display your Data Resume, consistent with our Privacy Notice, unless you opt out by contacting our Service support team at hello@creatorlabs.com or change your preferences in your User Account. Opting out will not prevent you from accessing or using the Services. We may still collect data relating to your User Account and Data Resume even if you opt out of having your Data Resume published. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any intellectual property rights, and you agree not to access, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of our Intellectual Property.  

You may choose to, or we may invite you to submit, comments, feedback or ideas about our Service, including without limitation about how to improve our Service or our products (“Feedback”). By submitting any Feedback, you agree that we will own such Feedback, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

5. Our Privacy and Data Security Policies.

5.1 Privacy. 

We care about your privacy. By using our Service you acknowledge that we may collect, use, and disclose your personal information and aggregate and/or anonymized data as set forth in our Privacy Notice, available at https://www.creatorlabs.com/policies/#privacy, and acknowledge that you may have your personal information collected, used, transferred to and processed in the United States.

5.2 Security. 

We have implemented commercially reasonable technical and organizational measures designed to secure your data and information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your data for improper purposes. You understand that internet technologies have the inherent potential for disclosure. You acknowledge that you provide your data at your own risk. 

6. Payments, Billing and Subscription Plans.

6.1 How We Bill for Our Service. 

Certain aspects of our Service may be provided for free, while certain other aspects of our Service or products available on our website may be provided for a fee or other charge. If you elect to use paid aspects of our Service or make a purchase on our website, you agree to our payment terms set forth herein and on our website at www.creatorlabs.com, as we may update them from time to time. We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in our sole discretion. 

6.2 Payment Information; Payment Method; Taxes. 

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with our Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method (“Payment Method”) used in connection with a purchase or transaction or other monetary transaction interaction with our Service at the prices in effect when such charges are incurred. You must provide us with a current, valid, accepted Payment Method. When you initiate a purchase transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and to charge your Payment Method, in United States dollars, for the type of transaction you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below. We currently use Stripe as our third party service provider for payment services, and by using our Service you agree to be bound by Stripe’s Services Agreement, available at https://stripe.com/us/legal. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

6.3 Subscription Plans.  

(a) Subscription Products; Subscription Fees. We may make certain portions of our Service available on an automatically renewing subscription basis, such as User Account upgrades (the “Subscription Services”) and may charge recurring fees (“Subscription Fees”). For the most current information about our Subscription Fees, please review our Pricing and Payment Terms at https://www.creatorlabs.com/policies/#terms, which are incorporated by reference herein. We may make any available Service on a subscription basis, discontinue subscriptions for Subscription Services, or add or amend the Subscription Fees at our sole discretion. When we add or amend the Subscription Fees, we will update our Pricing and Payment Terms. Any change to our Pricing and Payment Terms shall become effective in the Subscription Term (as defined below) following notice of such change to you as provided in this Agreement; provided however, that if we have offered a specific duration and Subscription Fees for your use of the Subscription Products, we agree that the Subscription Fees will remain in force for that duration.  YOUR SUBSCRIPTION TO THE SUBSCRIPTION PRODUCTS WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDER FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION PRODUCTS IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 6.3(d) OF THIS AGREEMENT.

(b) Automatic Billing and Policies. When you purchase Subscription Services, you expressly acknowledge and agree that: (1) we and/or our third-party payment processors are authorized to charge you at the beginning of each Subscription Term the applicable Subscription Fees (if any) for your Subscription Services identified when you sign-up, any applicable taxes, and any other charges you may incur in connection with your purchase and use of the Subscription Services, subject to adjustment in accordance with the terms and conditions of this Agreement, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or the Subscription Services or your subscription to the Subscription Services is suspended, discontinued or terminated in accordance with this Agreement. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees for Subscription Services in accordance with Section 6.3(a), and changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.

(c)Cancellation Procedure. You may cancel your subscription to the Subscription Services at any time in accordance with Section 6.3(d) below.  You will continue to have access to the Subscription Services through the end of your billing period.

(d) Cancellation and Missed Payments Penalty. You may cancel your subscription to the Subscription Services at your sole discretion; however, we grant refunds for cancellation at our sole discretion and you acknowledge and agree that you may not be refunded any Subscription Fees for your cancellation of your subscription to the Subscription Services, including without limitation, for any unused time with your Subscription Services. IN THE EVENT THAT: (A) WE SUSPEND OR TERMINATE YOUR SUBSCRIPTION TO THE SUBSCRIPTION SERVICES, YOUR USER ACCOUNT OR THIS AGREEMENT FOR YOUR BREACH OF THIS AGREEMENT; OR (B) YOU CANCEL YOUR SUBSCRIPTION TO THE SUBSCRIPTION PRODUCTS, YOU UNDERSTAND AND AGREE THAT YOU SHALL RECEIVE NO REFUND FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION OR ANY PRE-PAYMENTS MADE FOR YOUR SUBSCRIPTION PRODUCTS.

6.4 Promotional Offers. 

We may from time to time offer special promotional offers, plans or memberships (“Promotional Offers”). Promotional Offer eligibility is determined by us in our sole discretion and we reserve the right to revoke a Promotional Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent subscription to determine eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Promotional Offer or in other communications made available to you. You acknowledge and agree that any offers made available through our Service, including without limitation offers for the Subscription Services, are subject to change at any time and from time to time.

7. Security.

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

8. Your Use of Third-Party Services.

OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY SITES, MATERIALS AND SERVICES (INCLUDING THIRD-PARTY SOCIAL MEDIA PLATFORMS) (“THIRD-PARTY SERVICES”) THAT ARE NOT OWNED OR CONTROLLED BY US, AND CERTAIN FUNCTIONALITY OF OUR SERVICE MAY REQUIRE YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS AND CONDITIONS AND PRIVACY NOTICE MADE AVAILABLE ON OR AGREED IN CONNECTION WITH THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SERVICES. IF YOU ACCESS A THIRD-PARTY SERVICE FROM OUR SERVICE OR SHARE YOUR CONTENT ON OR THROUGH ANY THIRD-PARTY SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THESE TERMS AND OUR PRIVACY NOTICE DO NOT APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICES. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICE, INCLUDING WITHOUT LIMITATION CONTENT SUBMITTED BY OTHER USERS. ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OUR SERVICE, INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLELY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

9. Indemnity.

You agree to defend, indemnify and hold us and our affiliates, agents, suppliers or licensors (and our and their employees, contractors, agents, officers and directors) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your access to or use of our Service; (b) your violation of any aspect of these Terms, including without limitation your breach of any of your representations and warranties; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any terms and conditions governing any applicable Third-Party Services; (e) your violation of any applicable law, rule or regulation; (f) Your Content, including without limitation any misleading, false, or inaccurate information in Your Content; (g) your willful misconduct; or (h) any third party’s access to or use of our Service with your username(s), password(s) or other security code(s).

10. No Warranty; Disclaimers.

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT ANY CONTENT (INCLUDING DATA RESUMES) ON OUR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF OUR SERVICE OR ANY DOWNLOAD OF CONTENT THROUGH THE USE OF OUR SERVICE. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF OR IN CONNECTION WITH OUR SERVICE, INCLUDING ANY DATA RESUME. FURTHER, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES, OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THIRD-PARTY SERVICES OR OTHERWISE OF PRODUCTS OR SERVICES NOT OFFERED BY US.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

11. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, OUR SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING DATA RESUMES) OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH OUR SERVICE; AND/OR (G) YOUR DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. 

IN NO EVENT WILL WE OR OUR AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS (OR OUR OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Confidential Information.

12.1 Confidential Information. 

From time to time, either party to these Terms (the “Disclosing Party”) may disclose or make available to the other (the “Receiving Party”) non-public, proprietary, or confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information, including information from other Users shared via the Services, that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information. Confidential Information does not include any information that: (i) is or becomes generally available to the public other than as a result of the Receiving Party’s breach of this confidentiality section; (ii) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was in the Receiving Party’s possession prior to the Disclosing Party’s disclosure thereof; or (iv) was or is independently developed by the Receiving Party without using any of the Disclosing Party’s Confidential Information. 

12.2 Protection and Use of Confidential Information. 

The Receiving Party shall: (i) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially-reasonable degree of care; (ii) only use the Disclosing Party’s Confidential Information, and only permit it to be accessed or used, for the purpose of exercising its rights or performing its obligations under these Terms, for the purpose of exploring a business relationship (or changes to the business relationship) between the parties, or for any other purpose consistent with the Privacy Notice; and (iii) not disclose any of the Disclosing Party’s Confidential Information to any person or entity, except to the Receiving Party’s service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.

12.3 Compelled Access or Disclosure.

If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially-reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party’s sole cost and expense, a protective order or other remedy.

12.4 Injunctive Relief. 

Each of the parties to these Terms acknowledges that the other party will be irreparably harmed if Confidential Information of the other is distributed in breach of this Section, and that such other party would not have an adequate remedy at law in the event of such an actual or threatened breach. Therefore, each of the parties agrees that the other party shall be entitled to seek injunctive relief against any actual or threatened breaches of this Section by the other party without the necessity of showing actual damages or showing that monetary damages would not afford an adequate remedy.

13. Governing Law, Venue, and Class Action/Jury Trial Waiver.

13.1 Governing Law. 

You agree that: (i) we will be deemed solely based in the State of Delaware; and (ii) our Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of Delaware, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions arising under or relating to these Terms.

13.2 Class Action/Jury Trial Waiver. 

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. 

14. Export Controls. 

You understand and acknowledge that our Service may be subject to export control laws and regulations. You agree to comply with all applicable export and re-export control and trade and economic sanctions laws, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the U.S. State Department. Neither you, nor any person to which you make our Service available or that is acting on your behalf, or, if you are an Organization, any of your subsidiaries, or any of your or their directors, officers or employees, or any person owning 50% or more of your equity securities or other equivalent voting interests, is (a) a person on the List of Specially Designated Nationals and Blocked Persons or any other list of sanctioned persons administered by OFAC or any other governmental entity, or (b) a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade and economic sanctions or embargoes.

15. DMCA Notice.

We respect content owner rights, and it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide all of the following information in writing:

(a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

(b) Identification of the copyrighted work that you claim has been infringed;

(c) Identification of the material that is claimed to be infringing and where it is located on our Service;

(d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;

(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

(f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent using the following contact information:

Registration Number: DMCA-1052069

Address: 12F, No.209 Zhongxiao E Rd, Da’an District, Taipei City, Taiwan 106

Email: copyright@creatorlabs.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that the preceding requirements do not constitute legal advice. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Service and/or terminate our User Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

16. Our Publicity Rights. 

We may identify you as a User in our promotional materials. We will promptly stop doing so upon your request sent to hello@creatorlabs.com.

17. General Provisions.

17.1 Assignment. 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

17.2 Notification Procedures and Changes to these Terms. 

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as we determine in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain notifications as required under applicable laws or as described in these Terms or our Privacy Notice. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. These Terms apply to and govern your access to and use of our Service effective as of the start of your access to or use of our Service, even if such access or use began before publication of these Terms. Your continued use of our Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or any future Terms of Service, do not use or access (or continue to access) our Service.  

17.3 Entire Agreement/Severability. 

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with our Service, will constitute the entire agreement between you and us concerning our Service. None of our employees or representatives are authorized to make any modification or addition to these Terms. Any statements or comments made between you and any of our employees or representatives are expressly excluded from these Terms and will not apply to you or us or your use of our Service.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. 

17.4 No Waiver. 

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

17.5 Survival. 

Any and all provisions of these Terms reasonably giving rise to continued obligations of the parties will survive termination of these Terms.

17.6 Relationship. 

No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of our Services.

17.7 Contact. 

If you have any questions about these Terms, please contact us at hello@customerlabs.com.