Membership Terms

Membership Terms and Conditions

These membership terms and conditions (the “Membership Terms and Conditions”) are entered into by and between you (“you”) and Create Something Captivating, LLC, a Delaware limited liability company (the “Company”, “we” or “us”). The following Membership Terms and Conditions, together with the Terms of Use , the Privacy Policy, and any additional documents they expressly incorporate by reference (collectively, the “Agreement”), govern your access to and use of our website, www.createsomethingcaptivating.com  (the “Website”), subscription to receive content from the Website, purchase of membership through the Website (“Membership”),  and purchase or use any other products or services made available by us (collectively with the Website and Membership, the “Services”), whether as a Visitor or a Registered User (as such terms are defined in the Terms of Use).

You are purchasing Membership for one (1) person to access certain members-only portions of the Website (the “Member Portal”). You must be at least eighteen (18) years of age or older to purchase a Membership.

The Member Portal contains certain social media features that enable you to link from your own or certain third-party websites to certain content that forms part of the Services, send e-mails or other communications with certain content, or links to certain content that is part of the Services, or cause limited portions of content available as part of the Services to be displayed or appear to be displayed on your own or certain third-party websites.  By purchasing your Membership, you and the Company hereby agree to the Agreement, and you acknowledge and agree that such Agreement governs your Membership and forms a legal agreement between you and the Company.

Membership Payment and Fees

You are required to make a minimum twelve (12) month commitment upon purchase of your Membership (such 12-month period, the “Membership Term”). Your Membership shall automatically renew on an annual basis after the initial Membership Term, unless you provide written notice to the Company or if the Company otherwise terminates your Membership, as further provided in these Membership Terms and Conditions. The Company may change the Membership Fees by providing you with at least thirty (30) days’ notice prior to the end of your Membership Term. You also agree to pay any sales, use, value-added or other taxes or governmental charges related to the Membership or any other products or services provided by the Company, in addition to your Membership Fees or other charges.

If you fail to pay any Membership fees or other charges on time, your Membership will be suspended until your account is brought current. If you repeatedly fail to pay or make payment late of any Membership fees or other charges, the Company may terminate your Membership immediately upon notice to you (including by email). You will be responsible for any collection or legal costs incurred by the Company in connection with collection of your unpaid Membership fees or other charges. If any check, credit card, or any other ACH transaction to the Company is not honored, the Company may assess a $25 penalty for each such check or credit card charge rejected, along with any unpaid balances.

Refunds

Unless expressly provided herein, the Company will have no obligation to refund any Membership fees or expenses, even if you do not use your membership or if you or the Company terminate your Membership before the end of your Membership Term.

Termination of Membership

Unless otherwise provided herein, the Company may terminate your Membership immediately at any time for any reason, in its sole discretion, upon a breach by you of the Agreement.

Membership Code of Conduct

The principles set forth below (the “Code of Conduct”) govern your use and enjoyment of the Services, which for the avoidance of doubt, includes your use and enjoyment of the Member Portal in connection with your Membership. We intend for the Website and all of the Services associated therewith, including the Member Portal, to be a positive, collaborative resource and environment. Therefore, we will not tolerate behavior in violation of this Code of Conduct, as it undermines our mission and goals.

In the event that the Company, in its sole discretion, believes that you have breached the Code of Conduct, the Company shall have the right to terminate your Membership and suspend your access to the Member Portal, effective immediately, without notice and with no refund.

If you have any questions about the Code of Conduct, please email us at hello@createsomethingcaptivating.com.

You hereby agree that you shall not:

  • Solicit clients or offer services, sell your own programs or products or post any material within the Member Portal inviting other members to join other social networks, groups or programs.

  • Share affiliate links without our express written consent.

  • Post content that is prohibited by law or for which you are not authorize, including, but not limited to, hate speech, discrimination or harassment (sexual or otherwise).

  • Conduct any activity that may be hazardous to other persons in any fashion.

  • Infringe upon any other person’s intellectual property, whether by copying, steal, misappropriating, reusing, repurposing or otherwise.

  • Email or otherwise contact other members without their permission, for example, by adding them to your email newsletter list.

Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DECIDE TO HIRE ANYONE OR CREATE ANY CONTRACTUAL RELATIONSHIP (VERBALLY OR WRITTEN) WITH ANYONE WHO YOU HAVE MET THROUGH YOUR USE OF THE SERVICES, YOU DO SO AT YOUR OWN RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRIBUTORS OR ANY OTHER PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECTLY OR INDIRECTLY ARISING, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL OF ANY FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY OF THE SERVICES OR FEATURE RELEVANT TO THE CLAIM.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable out-of-pocket attorneys’ fees) arising out of or relating to your violation of the Agreement or your use of the Services, including, but not limited to, your User Contributions, any use of the Website’s content, the Services or any other services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from or in connection with the Services.

Governing Law and Venue

All matters relating to the Services and the Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. You agree and consent to the exclusive jurisdiction of the courts of the State of New York for all purposes regarding the Agreement.

Arbitration

At the Company’s sole discretion, we may require you to submit any disputes arising from the Agreement or the use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Waiver and Severability

No waiver by the Company of any term or condition set forth in the Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Agreement shall not constitute a waiver of such right or provision.

If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and the Membership Terms and Conditions  constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments, Questions and Concerns

All other feedback, comments, questions, requests for technical support and other communications relating to the Services should be directed to: hello@createsomethingcaptivating.com