Terms & Conditions

Last updated: June 25, 2021

 

WHAT THIS MEANS: You are in agreement with these Terms and Conditions, our Privacy Policy, and other terms on our website. You should read this entire agreement. We may modify these terms and you’re responsible for staying up to date on them.

 

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by CreatorUp, Inc., a Delaware corporation (“CreatorUp”), and located at 525 S. Hewitt St. Los Angeles 90013, including all subsidiary webpages and access to any version of the Site via a wireless device or application (the “Site”). Through the Site, CreatorUp allows you to order and access customized media content production services (the “Content Production Services”), as well as view educational materials designed to train and inform on content production knowledge and skills (the “Educational Services” and together with the Content Production Services, the “Services”). This Agreement is legally binding between you, the person using this Site (“you”), and CreatorUp. Terms such as “we,” “our” and “us” refer to CreatorUp.

 

Throughout this Agreement there are brief summaries of legal terms marked “WHAT THIS MEANS:”. Such descriptions are provided merely for convenience purposes and are qualified in their entirety by the full terms of this Agreement.

 

You accept this Agreement and consent to CreatorUp’s Privacy Policy located at https://creatorup.com/privacy-policy/(the “Privacy Policy”) by doing any of the following: (1) visiting the Site; (2) purchasing any Services; or (3) creating a user account on the Site. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms of this Agreement, in which case the terms “you” or “your” refers to both you individually and such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Services or the Site.

 

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

 

CreatorUp may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated will be deemed acceptance of any such updated Agreement and/or Privacy Policy.

 

Ability to Enter into this Agreement

 

WHAT THIS MEANS: you’re representing to us that you have the legal ability to accept this Agreement.

 

Children 17 years of age or younger may not use the Site or the Services. In addition, in order to enter into this Agreement, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and be fully able and competent to enter into the terms of this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

 

Your Profile Information and Account

 

WHAT THIS MEANS: You have to give us accurate information and you are responsible for making sure your information and passwords are secure. You can’t share passwords or accounts. We can call you about bills.

 

To access certain Services, you may be required to provide information about yourself (such as personally identifiable information or contact details) as part of the registration process for the Service or as part of the order process for the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. You will be solely responsible to CreatorUp for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you will notify CreatorUp immediately.

 

Your right to purchase, access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your account or with your profile information.

 

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address as needed.

 

By providing us with your phone number, you agree to allow CreatorUp to contact you via that phone number regarding all billing notices and/or inquiries (including but not limited to: payment issues, billing discrepancies, declined/failed payments and/or expired payment methods). It is your responsibility to update or change that phone number as needed.

 

Actions Prohibited on the Site

 

In addition to any other prohibitions set forth in this Agreement, the following restrictions apply to your use of the Services. You are not allowed to do or attempt any of the following:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Site except with prior written permission from CreatorUp and, if applicable, the respective rights holders;
  2. circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Site, including security-related features or features that (a) prevent or restrict the copying or other use of the content of other users of the Site or (b) limit the use of the Services;
  3. access the Services using any automated means (such as robots, botnets or scrapers) except (a) in the case of public search engines; or (b) with CreatorUp’s prior written permission; 
  4. collect or harvest any information that might identify a person (for example, usernames or faces);
  5. permit any other person or entity to use your account on the Site or access the Services through your account, or privately publicly display, transmit, or otherwise broadcast any of the Educational Services to any other person or entity;
  6. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
  7. upload or submit Content (as defined herein) that is illegal, pornographic, excessively graphic or violent, abusive or misinformative, in each case as determined by CreatorUp in its sole discretion, or that reveals any other person’s personal information or is intended to harass or cause harm to any other person; you also may not submit an order for Services that contain any content that is any of the foregoing; or
  8. contact any employee or contractor to perform services for you outside of the Services. You may not solicit any employee or contractor of CreatorUp for employment or other service provider relationship except to perform the Services under your applicable purchase order.

 

Provision of Content Production Services

 

WHAT THIS MEANS: If you order Content Production Services, we’ll do our best to deliver your project, as requested. After you make an order, we’ll have a call to go over project specifics. We do our best to make our pricing as transparent as possible, but depending on what you need, there may be additional costs. Anything you change after the call may also result in additional fees. If you want us to film at a specific location, you have to make sure we have access.

 

If you purchase Content Production Services, we will complete those Content Production Services according to the specifications you gave us in the purchase order to the best of our ability. If at any time you want to change any of the specifications in a purchase order, we will try to work with you to render the Content Production Services according to the new specifications. If the new specifications will cause us to incur additional cost, we will notify you before continuing. If you fail to pay for such additional costs, we won’t be able to complete the Content Production Services.

 

You are responsible for giving us all the materials, documents and other information we need to complete the Content Production Services. We have certain stock images, animations, video footage, graphics, and other artistic content in our existing stock library, which we may supply at no additional charge. Content outside of our existing stock library may incur additional costs, which you will be responsible for.

 

If the performance of the Content Production Services requires access to premises owned or controlled by you, you shall maintain a comprehensive general liability insurance against injury to persons and damage to property in relation to such access.

 

If you purchase Educational Services, you will have access to those Educational Services through your user account on the Site during the term for which you purchased them. If any Educational Services are cancelled or otherwise become unavailable during your subscription term, you will receive a pro rata refund based on the number of months for which you had access to the Educational Services before they were cancelled or otherwise became unavailable.

 

While we make best efforts to provide a clear and specific description of the Services on the site, there are many factors, (including but not limited to remote locations, specific talent needs, travel, complexity of animation or motion graphics, etc.) that could impact the overall cost of the Services we provide to you. We will make best efforts to discuss and determine any such factors that might impact the cost of the Content Production Services after you place your order and before beginning production to give you the opportunity to approve or decline any additional costs. If we determine at that time that we will not be able to provide your project at the rate quoted at the time of purchase, you may elect to cancel your project or decline recommended additional services.

 

If you purchase Content Production Services, you will have an audio and/or video call with a representative of CreatorUp to further discuss and agree upon project specifics such as project requirements and deadlines (a “Confirmation Call”). You will provide accurate information and acknowledge and agree that any changes you request to your project following the Confirmation Call may result in additional fees.

 

Fees

 

WHAT THIS MEANS: We’ll perform the services you order. If you make any changes, the price may also change. There are some fees you might be responsible for, such as fees associated with actor fees, permits for shooting video, etc. If you want a third party’s art incorporated into your product, you’ll have to make sure you have the rights.

 

If you pay for our educational videos, you’ll have access to them for the term you paid for. If any of those videos are removed during the term you paid for, you’ll get a partial refund.

 

If we have to enter your property to film, you agree to maintain adequate insurance on that property.

 

You must pay all fees specified in any purchase of Services. Such fees will be billed in advance for each period and are non-refundable except as set forth in this Agreement. Except as otherwise set forth in this Agreement, there will be no refunds or credits for cancelled or unused Services.

 

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your purchase of Services at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchase.

 

All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period. The cost of Services may increase or decrease over a given period depending on the currency you choose to pay with and the specific exchange rate at that time. If your purchased Services are subject to installment payments as set forth in this Agreement, each installment will be billed at the then current exchange rate, if applicable. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.

 

If the Content Production Services you purchase total USD 5,000 or less, you will be billed all fees upon completing your purchase. If the Content Production Services you purchase total over USD 5,000, the Services will be subject to the standard billing procedures. For more information about our billing procedures, speak with a CreatorUp representative. 

Educational Services may not be subject to installment billing and all Fees associated with Educational Services are payable upon completing your order.

Third party financing may be available to you through one of our affiliates, as indicated on the Site during the purchase process. You agree to comply with all terms and conditions designated by such third party for any financing you acquire in connection with your payment for the Services. However, you acknowledge and agree that CreatorUp will have no liability arising from any claim or cause of action arising from your use of such third-party financing services.

 

Permits required by local jurisdictions based on video shooting location are not included in pricing, as costs vary widely depending on local ordinances. Your producer will discuss permit needs during the production planning process and you agree to pay the associated fees. Additional fees you may incur include, but are not limited to, nonrefundable deposits, cancellation fees, compensation to actors, artists and other service providers, permit fees, lot fees, and other fees or penalties we incur on your behalf (collectively, “Third Party Fees”). We will use reasonable efforts to inform you of any Third Party Fees before incurring them. You agree to pay any Third Party Fees that result from your adjustment or cancellation of the Content Production Services being supplied to you, even if they exceed the previously agreed fees for the Content Production Services.

 

Either you or we can cancel any Content Production Services you have ordered within three days (unless you have requested us to commence the Content Production Services sooner) after a Confirmation Call and you will receive a full refund of any fees already paid. Refunds must be requested in writing via email to support@creatorup.com.

 

Intellectual Property Rights

 

WHAT THIS MEANS: You will own the finished project. Everything on our site is our property. We own any feedback you give us. We also own the data generated by your use of our site.

 

If third party IP rights are necessary for your project, they’re your responsibility.

 

All right, title, interest and ownership and intellectual property rights in and to the Site, CreatorUp trademarks, copyrights, patents, templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content (as defined below), are and will remain the property of CreatorUp or its software or content suppliers. 

 

Subject to the terms and conditions of this Agreement, CreatorUp grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Site. If you purchase Educational Services, CreatorUp grants you, during the term of your purchased subscription, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Educational Services.

 

All right, title, interest and ownership and intellectual property rights in and to the content and material created or uploaded to the Site by you that is not Feedback (collectively, the “Content”) will be your exclusive property. “Content” also includes all audio, visual, or other media content in any Content Production Services provided to you for which you have fully paid any associated fees; for the avoidance of doubt, CreatorUp will maintain all ownership of such Content unless and until you pay all associated fees for the Content Production Services. You hereby represent that you have the intellectual property rights in and to all Content provided by you to us for the purpose of providing the Content Production Services, such that our use of the Content in accordance with your instructions will not violate any third-party intellectual property rights.

 

You acknowledge that any ideas, suggestions, concepts, processes or techniques that you provide to CreatorUp related to the Services, the Site or CreatorUp or its business (“Feedback”) are CreatorUp’s property without any compensation or other consideration payable to you by CreatorUp. CreatorUp may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative CreatorUp may decide in its software, Site, Services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to CreatorUp in any Feedback and, as applicable, waive any moral rights.

 

CreatorUp owns any test results, data information and other output generated by your use of the Site and/or the Services.

All graphics, icons, logos and service names are registered trademarks, trademarks or service marks of CreatorUp or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, and/or the name of CreatorUp or its affiliates.

 

You hereby grant to CreatorUp a non-exclusive, royalty-free license to display our completed Content Production Services performed for you in online, televised, or other promotional works of CreatorUp, whether or not on the Site, and you hereby represent and warrant to CreatorUp that you have the power and authority to grant this license. You hereby agree to indemnify and hold harmless CreatorUp and its affiliates from any third party claims that such Content violates such third party’s intellectual property rights.

 

Confidential Information

 

WHAT THIS MEANS: If you get any confidential information from us, you have to keep it confidential.

 

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information (as defined below) acquired, learned, or provided from CreatorUp during or after your use of the Services or Site. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

 

Disclaimer of Warranties

 

WHAT THIS MEANS: We try to make our site and services the best we can. There are, however, some limitations and we can’t promise that everything will be flawless.

 

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD-PARTY SOFTWARE AND CONTENT, IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CREATORUP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

 

CREATORUP DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD- PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, CREATORUP MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT CREATORUP, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. CREATORUP MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU INCLUDING BUT NOT LIMITED TO YOUR API; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.

 

CREATORUP IS NOT RESPONSIBLE FOR THE ACTS, OMISSIONS OR FAILINGS OF, ANY THIRD- PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY CREATORUP, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY CREATORUP.

 

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. CREATORUP DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREATORUP OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

THE SITE IS OFFERED AND CONTROLLED BY CREATORUP FROM ITS FACILITIES IN THE UNITED STATES. CREATORUP MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO OF THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

Limitation of Liability / Exclusion of Consequential and Related Damages

 

WHAT THIS MEANS: There are reasonable limits to requested claims.

 

IN NO EVENT WILL CREATORUP’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING ANY INCIDENT RELATED TO ANY LEGAL CLAIM BY YOU. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. 

 

IN NO EVENT WILL CREATORUP HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW. THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN CREATORUP AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT CREATORUP WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

 

Indemnity

 

WHAT THIS MEANS: If you breach this Agreement, you have to pay legal fees.

 

You agree to indemnify, defend, and hold harmless CreatorUp, and its subsidiaries, affiliates, co-branders, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or your use the Site or Services, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content; (b) your breach or alleged breach of this Agreement and/or the Privacy Policy; and (c) your violation of any rights, including intellectual property rights, of a third party. CreatorUp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CreatorUp and you agree to cooperate with CreatorUp’s defense of these claims. You agree not to settle any matter without the prior written consent of CreatorUp. CreatorUp will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

Cancellation and Termination

 

WHAT THIS MEANS: If you cancel, you’ll be billed for time already spent and fees that we’ve already incurred performing the services.

 

Although we try to complete every project to our customers’ satisfaction, we reserve the right to cancel at any time and refund within reason.

 

If you wish to cancel the Services we are providing to you and/or delete your account on the Site, you can do so by: 

 

  1. Cancelling the Services – email support@creatorup.com to request cancellation of your order. You will remain liable for all charges accrued on your account up to the time of cancellation. These charges include, but are not limited to, work completed to date and Third Party Fees. No refunds will be issued for incomplete Services upon your cancellation. If the Content Production Services you purchased are subject to installment payments, you will not be liable for future installment payments for which work has not yet commenced; provided, however, that you will still be liable for any Third Party Fees incurred prior to termination.
  2. Deleting your account and / or opting out of communications – click the following link  https://platform.creatorup.com/ff/privacy-choice.php.  

 

Upon your cancellation of the Services or deletion of your account on the Site, CreatorUp is under no obligation to maintain or store your account information or Content. CreatorUp may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with CreatorUp’s processes and practices.

 

CreatorUp reserves the right at any time, and without liability, to terminate this Agreement at its sole discretion for any reason. In addition, CreatorUp may, in its sole discretion, at any time, temporarily or permanently suspend access to your account or access to the Site or Services for any violation or suspected violation of this Agreement. CreatorUp may also decline to perform the requested or purchased Services, or terminate its performance of the Services at any time and for any reason. If CreatorUp terminates the Services for any reason other than your violation of this Agreement or the Privacy Policy, you will receive a full refund for such terminated Services.

Agreement to Governing Law and Jurisdiction

 

WHAT THIS MEANS: California law applies to this document. If there is any legal action, it has to be governed by the laws in California, USA.

 

If there is any dispute between you and CreatorUp about or involving this Agreement, the Site or the Services, the dispute will be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Los Angeles, California, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, provided that CreatorUp may seek and obtain injunctive relief in any jurisdiction.

 

Severability

 

WHAT THIS MEANS: If any part of this Agreement is unlawful or unenforceable, it will be removed and the rest of the Agreement will stay in place.

 

If any arbitrator or court of competent jurisdiction deems any portion of this Agreement unlawful, void or unenforceable, this Agreement as a whole will not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable will be stricken from this Agreement.

 

Legal Remedies

 

WHAT THIS MEANS: in some cases, a court might be able to obligate a party to fulfill its obligations under this Agreement. If we choose not to exercise any of our rights immediately, we would still have the opportunity to do so later.

 

This Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

 

If CreatorUp does not exercise or enforce any legal right or remedy contained in this Agreement (or that CreatorUp has under any applicable law), this will not be taken to be a formal waiver of CreatorUp’s rights and that those rights or remedies will still be available to CreatorUp.

 

Arbitration

 

WHAT THIS MEANS: disputes have to go through the American Arbitration Association in Los Angeles, California. Loser pays the other party’s legal fees.

 

Any legal claim arising under this Agreement or the Services will be subject to arbitration by one arbitrator mutually agreed upon by you and CreatorUp, and if no agreement can be reached within thirty (30) days after names of potential arbitrators have been proposed by the American Arbitration Association (the “AAA”), then by one arbitrator having reasonable experience in creative project transactions of the type provided for in this Agreement and who is chosen by the AAA. The arbitration will take place in Los Angeles, California, in accordance with the AAA Expedited Procedure rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof.

 

The prevailing Party will be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

 

Surviving Provisions

 

WHAT THIS MEANS: If this Agreement is cancelled for any reason, the sections listed here will continue in effect.

 

The sections titled “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity”, “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, “Surviving Provisions”, “Arbitration” and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and will continue in full force and effect.

 

Manner of Giving Notice

 

WHAT THIS MEANS: Required notices have to be in writing and are deemed effective when hand delivered, 2 business days after mailing, or 1 business day after emailing.

 

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, or (iii) the first business day after sending by email. Billing-related notices to you will be addressed to the relevant billing contact designated by you. All other notices to you will be addressed to the relevant contact designated by you.

California Notices

WHAT THIS MEANS: If you live in California, you may have additional rights regarding your personal information.

 

If you reside in California and have provided personal data to us you have the right to receive: (a) information identifying any third party to whom we may have disclosed, within the past year, personal data pertaining to you and your family for that party’s direct marketing purposes; and (b) a description of the categories of personal data disclosed. To obtain such information, submit your request at https://platform.creatorup.com/ff/privacy-choice.php. This request may be made no more than once per calendar year.

 

Terms Related to Installment Payments

 

These terms are applicable to Services that are subject to milestones and installment payments. They are a supplement to CreatorUp’s Terms of Service located at https://creatorup.com/terms-conditions/ which are incorporated herein by reference.

 

Services that are subject to installment payments under the Agreement will be paid by you in accordance with the due dates, milestone descriptions, and payment amounts set forth in your Purchase Confirmation. We will complete each milestone on or before the due date specified in the purchase order; provided, however, that if we are not able to meet a milestone, we will notify you at least one week before the due date so you and CreatorUp can agree on additional time needed to complete the milestone.

 

If we complete any milestone on or before the indicated due date, we will automatically bill you within 5 business days on or after the due date with the information you provided when purchasing the Services.

 

If you dispute in good faith the completion of any milestone on or before the applicable due date, you and CreatorUp will negotiate in good faith for a period of 30 days regarding the completion of such milestone and its payment, during which we will try to resolve your concerns. If there is no resolution after the 30 day period, then either you or CreatorUp may terminate the Services and we will not complete any upcoming milestones. No refunds will be issued for any portion of the Services already provided and for which we have already billed you. With respect to the disputed milestone, if you and CreatorUp are not able to come to an agreement on what fees are payable, then either you or we may commence arbitration as set forth in our Terms of Service.