Terms of Use

Terms of Use

Welcome to The Creative Exiles.  The Creative Exiles website (the “Site”) is comprised of various web pages and is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).  This agreement applies as between you, the User of this Web Site and R J Schwartz, the owner of www.creativeexiles.com  and John Hansen, the CEO of The Creative Exiles.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first and continued use of the Web Site.  Please read these Terms and keep a copy for your reference.

Electronic Form

When you click on the “I Accept” button at the end of this Agreement, you also consent to have this Agreement provided to you in electronic form.

Entirety of the Agreement

This Agreement contains the entirety of the understanding and contractual agreement between The Creative Exiles and you, the user of this website. These Terms of Use may be amended from time to time without prior or specific notice to you.  The Creative Exiles, R J Schwartz, John Hansen, and their agents and assigns will not be liable to you or any third party if we elect to exercise our right to discontinue the Site. The Creative Exiles reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting an updated version on the Website. Please check these Terms and any Guidelines periodically for changes. Your continued use of The Creative Exiles after the posting of changes constitutes your binding acceptance of such changes. If the modified Terms are not acceptable to you, then your only recourse is to discontinue using the Site.  The Creative Exiles reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Service or remove Your Articles at any time or for any reason.

Privacy Policy Incorporated By Reference

Your use of The Creative Exiles is subject to The Creative Exile’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. The Creative Exile’s Privacy Policy is hereby incorporated into these Terms by reference.

Use of Communication Services

The Site may contain bulletin board services, chat areas, groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use Communication Services only to post, send and receive messages and material that are proper and related to proper use of the particular Communication Service.

By way of example only and not as a limitation, you agree that when you are using a Communication Service, you will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the right to privacy) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name , material or information; upload any files that contain software or other material protected by intellectual property rights or laws unless you own or control those rights or have received all necessary consents; upload any files that contain viruses, corrupted files or any other matter that may cause damage to the operation of any computer; advertise or offer to sell any product or any other goods or services  without the express permission of The Creative Exiles; conduct or forward surveys, contests, pyramid schemes or chain letters; download any files posted by another user of a Communication Service that you know or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary  designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any user from enjoying and using the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.

Visiting The Creative Exiles or sending emails to The Creative Exiles constitute electronic communications. You consent to receive electronic communications and you agree that all notices, agreements, disclosures and other communications that we provide to you electronically via email and on the Site satisfy any legal requirement that such communications be in writing.

The Creative Exiles has no obligation to monitor Communication Services. However, The Creative Exiles reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Creative Exiles reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Creative Exiles does not assume ownership, control or endorsement of the content, messages or information found in any Communication Service and, therefore, The Creative Exiles specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service

Materials uploaded to a Communications Service may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you upload the materials. In addition, You may only post Content to which You have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. This means, among other things, that You must have permission to use third party content from the content owners.

Eligibility

You must be at least sixteen (16) years of age to use the Website. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Content/Use

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that  The Creative Exiles  is not responsible for third party access to your account that results from theft or misappropriation of your account. The Creative Exiles  and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

You are granted a non-exclusive, non-transferable, revocable license to access and use The Creative Exiles (Website) strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Creative Exiles that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Creative Exiles or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  The Creative Exiles content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Creative Exiles and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Creative Exiles or our licensors except as expressly authorized by these Terms.

All content published on The Creative Exiles Website shall be primarily in English.

You will publish only materials that you have created or that you have explicit permission to publish.  If a dispute arises regarding the ownership rights of any content published by You on The Creative Exiles, You hereby agree to fully indemnify R.J. Schwartz, The Creative Exiles and all agents and assigns thereof. This includes all legal and attorneys fees.

Content Ownership

The Creative Exiles does not claim ownership of any content posted by You.  Such content will be owned by You or a third party from whom You received permission to post the content.  By posting content on this Service, You grant The Creative Exiles a worldwide, royalty-free, and non-exclusive license, for as long as Your content is displayed on The Creative Exiles.  You may remove Your content from the Service at your discretion.  Comments left by You regarding the posts of others remain the sole property of The Creative Exiles and may not be removed by You once posted. The Creative Exiles retains the right to remove any and all content in violation with the terms of these Terms and Conditions.

You, and not The Creative Exiles, will be fully responsible for all Content that is uploaded, posted, transmitted or otherwise made available by You on the Service.

International Users

The Creative Exiles is controlled, operated and administered by  R J Schwartz from offices within the USA (United States of America). If you access The Creative Exiles from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The Creative Exiles Content accessed through The Creative Exiles (Website)  in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless The Creative Exiles, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  The Creative Exiles reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Creative Exiles in asserting any available defenses.

 Links to Third Party Websites

Your posts and the Service may include links to other sites or resources over which The Creative Exiles has no control or responsibility. The Creative Exiles does not monitor, investigate or check these sites for accuracy or completeness. As a result, The Creative Exiles is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites’ availability, or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in Your posts or accessed by You via the Service is done at Your own risk and with Your own liability.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE CREATIVE EXILES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE CREATIVE EXILES MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENRICH YOUR LIFE, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CREATIVE EXILES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CREATIVE EXILES  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

The Creative Exiles reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of _IDAHO_and you hereby consent to the exclusive jurisdiction and venue of courts in _IDAHO_in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Creative Exiles as a result of this agreement or use of the Site. The Creative Exiles’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Creative Exiles’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Creative Exiles with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Creative Exiles with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Creative Exiles with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Creative Exiles reserves the right, in its sole discretion, to change the Terms under which The Creative Exiles (website) is offered. The most current version of the Terms will supersede all previous versions. The Creative Exiles encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Creative Exiles welcomes your questions or comments regarding the Terms:

The Creative Exiles_ is located at _11320 S. Bellerive Drive, Idaho Falls, Idaho 83404

Site Email Address: [email protected]________.

R.J. Schwartz Contact:[email protected]_________.

Telephone number: __208-520-6170 (United States)___.

Effective as of __10th April 2016_____.

Amended: ___14th July 2017_____.

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