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Terms

Greetings

Welcome to The Creative Independent. When you use this website (the “Site”) and our services (collectively, the “Services”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy. These Terms govern your use of The Creative Independent, so please make sure you read them carefully.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the website or by sending you an email. If you keep visiting The Creative Independent after a change, that means you accept the new terms. We may also make changes to The Creative Independent and our Services without notice or liability.

Some ground rules

You must be at least 13 years old to use our Services. We also expect everyone who visits The Creative Independent to behave responsibly and keep this a nice place. So, when you use our Services, you agree:

  • You won’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone
  • You won’t interfere with the proper workings of the Services
  • You won’t bypass any measures we’ve put in place to secure the Services
  • You won’t try to damage or get unauthorized access to any system, data, or other information, whether it belongs to The Creative Independent or another party
  • You won’t use any software or device, whether manual or automated, to “crawl” or “spider” any part of the Services
  • You won’t do anything that imposes an unreasonable load on The Creative Independent’s infrastructure or on our third party providers, and you won’t take apart or reverse engineer any aspect of The Creative Independent in an effort to access things like source code, underlying ideas, or algorithms.
  • You won’t change, translate, or otherwise create derivative works of the Service.
  • You won’t copy, rent, lease, distribute, or transfer any rights you receive here.

Rights: yours and ours

The Creative Independent grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use and access the Services for personal use only. You’ll need to get prior written permission from The Creative Independent or the relevant copyright holder if you want to use, reproduce, modify, distribute, or store any content from the site for a commercial purpose. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

The Creative Independent’s Services are legally protected by copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. When you use the Services, you agree to respect these protections and all legal notices, information, and restrictions contained in any content you access. You also agree not to change, translate, or otherwise create derivative works of the Services.

We’d love to hear from you! Just know that, if you provide us with any feedback or suggestions about The Creative Independent (“Feedback”), we can use that Feedback in any way without compensation to you.

Other sites

You might come across a service or feature operated by a third party while using The Creative Independent (for example, links to other websites). We don’t control or endorse these third-party sites and services. When you access them, you do so at your own risk.

Intellectual Property

The Creative Independent handles claims of copyright infringement in accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”). The Creative Independent will remove material that’s the subject of a valid DMCA takedown notice.

If you believe there is material on The Creative Independent that violates your copyright, you can file a DMCA takedown notice by emailing copyright@thecreativeindependent.com with the following information:

  • Your name, address, telephone number, and email address
  • A description of the copyrighted work that you claim has been infringed
  • A description of the material you claim is infringing your copyright, together with a link (if applicable)
  • A statement by you that you understand that under 17 U.S.C § 512(f) you may be liable for any damages, including costs and attorneys’ fees, if you knowingly and materially misrepresent that reported material or activity is infringing;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

You can also submit a takedown notice by mailing the above information to the following address:

The Creative Independent
Attn: Copyright Agent
58 Kent Street
Brooklyn, NY 11222

Disclaimers

The Creative Independent isn’t liable for any damages or losses related to your use of the Services. You use our Services solely at your own risk. When you use the Services, you release The Creative Independent and from any claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. The Creative Independent is provided to you “as is” and “as available” and without any warranty of any kind, express or implied.

THE CREATIVE INDEPENDENT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE CREATIVE INDEPENDENT SHALL CREATE ANY WARRANTY.

Limitation of liability

To the fullest extent permitted by law, in no event will The Creative Independent, its representatives, affiliates, principals, officers, directors, employees, stockholders, controlling persons, partners, subsidiaries, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall The Creative Independent’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

Dispute resolution & governing law

In the event of legal action between you and The Creative Independent, these Terms (and all other rules, policies, and guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that The Creative Independent and its Services are deemed a passive website that does not give rise to jurisdiction over The Creative Independent or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of The Creative Independent, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purpose of litigating any such action. You hereby irrevocably waive any right you may have to trial by Jury in any dispute, action, or proceeding.

Etc.

These Terms and the other material referenced in them are the entire agreement between you and The Creative Independent with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and The Creative Independent with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or The Creative Independent to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get The Creative Independent’s prior written consent. The Creative Independent has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. The Creative Independent will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.