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Carpfishcreative.com Terms of Use

Last Revised: November 24, 2022

 

Welcome to carpfishcreative.com’s Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.


Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us and to make our services possible and more enjoyable for everyone. Carpfish Creative LLC offers a wide range of services and features and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have suggestions on how we can improve them, you are welcome to contact us.

 

1. Introduction

1.1. Our Purpose

Our services offer our Users (as defined below) the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas, and have an overall great experience doing so – even without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing, and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online and mobile applications, tools, and services. The online, and mobile websites, functionalities, and platforms created by Users are collectively referred to herein as “User Platform(s)”. 

 

1.2. Legal Agreement

These carpfishcreative.com Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the carpfishcreative.com website(s) (“Carpfish Creative LLC Website”, and collectively – the “Carpfish Creative LLC Terms”), set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the Carpfish Creative LLC Website, the Carpfish Creative LLC mobile application (the “Carpfish Creative LLC App”) and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the Carpfish Creative LLC Website or the Carpfish Creative LLC App, collectively – the “Carpfish Creative LLC Services” or “Services”). For the avoidance of doubt, Carpfish Creative LLC Services (as defined in these Terms of Use) do not include services, applications, features, or components that were built, developed, connected or offered by a Carpfish Creative LLC User, even if presented on the Carpfish Creative LLC Website or the Carpfish Creative LLC App.

 

The Carpfish Creative LLC Terms constitute a binding and enforceable legal contract between carpfishcreative.com Ltd. and its affiliated companies and subsidiaries worldwide (“Carpfish Creative LLC”, “us” or “we”) and you in relation to the use of any Carpfish Creative LLC Services - so please read them carefully.

 

You may visit and/or use the Carpfish Creative LLC Services and/or the Carpfish Creative LLC App only if you fully agree to the Carpfish Creative LLC Terms - and by using and/or registering to any of the Carpfish Creative LLC Services, you signify and affirm your informed consent to these Terms of Use and any other Carpfish Creative LLC Terms applicable to your use of any Carpfish Creative LLC Services. If you do not read, or fully understand or if you do not agree to the Carpfish Creative LLC Terms, you must immediately leave the Carpfish Creative LLC Website and avoid or discontinue all use of the Carpfish Creative LLC Services or Carpfish Creative LLC App.

By using our Services, you also acknowledge that you have read our Privacy Policy available at our Privacy Policy.

1.3. User Account

In order to access and use the Carpfish Creative LLC Services, you must first register and create an account with Carpfish Creative LLC (“User Account”).

 

Creation of a User Account or purchase of Paid Services (as defined in Section 5 below), can be done either directly on the Carpfish Creative LLC Website or through an unrelated third-party authorized to sell Carpfish Creative LLC subscriptions to User Accounts and other Paid Services (a “Reseller”) under a separate agreement with Carpfish Creative LLC (a “Reseller Agreement”).

 

If you register to Carpfish Creative LLC Services or purchase Paid Services via a Reseller (referred to herein as a “Reseller User”) please note the following:

  • These Terms of Use are applicable in addition to any arrangement by and between you and the Reseller, and they govern your use of the Carpfish Creative LLC Services.

  • As between you and Carpfish Creative LLC,  per your relationship with Carpfish Creative LLC and unless otherwise specifically indicated in these Terms of Use, these Terms of Use supersede any arrangement between you and the Reseller with regard to your use of the Carpfish Creative LLC Services and/or activities in your User Account (or the User Account to which you are added).

  • Certain services, applications, and features of the Carpfish Creative LLC Services may not be available to you or may only be available to you through the Reseller platform.  

1.4 Access to Accounts; Roles and Permissions

You may invite others to your User Account and your User Platforms and assign them certain roles and permissions to perform certain activities within your User Account and User Platforms. 

A person granted permission to perform activities on a User Account that such person does not own is referred to herein as a “Contributor”.

If anyone other than yourself (including Contributors) accesses your User Account and/or any of your User Platforms’ settings, they may also (and if done by a Contributors, depending on the roles and permissions you assign them), perform actions available to you (unless as specifically stated otherwise on the Carpfish Creative LLC Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the User Account, whether or not specifically authorized by you.

Therefore, we strongly encourage you to (i) keep the log-in credentials of your User Account confidential, and (ii) allow access to your User Account, only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties, and undertakings made therein and including by any Contributor), and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using Carpfish Creative LLC Services. We strongly encourage you to provide your own (or your company’s, as applicable) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.

If you are a Contributor,  you are required to register and create a User Account of your own in order to access the User Account under which you are a Contributor. Therefore these Terms of Use apply to Contributors as well.

If you are a Reseller User, then depending on the agreement between you and the Reseller, such Reseller may be the owner of the User Platform and you may be invited by the Reseller as a Contributor to such User Platform.

If you are invited as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a User Account owner, in connection with such User Platform.

You can create an account and purchase services also via a third-party authorized to sell Carpfish Creative LLC (Reseller). If you register to Carpfish Creative LLC or purchase services via a Reseller you agree and accept these Carpfish Creative LLC terms of use (in addition to any arrangement between you and the Reseller), so that in you relationship with Carpfish Creative LLC these terms will overcome any other terms, and that some Carpfish Creative LLC services and features may not be available to you or be available to you only through the Reseller platform.

You can invite others (Contributors) to perform activities on your User Account by assigning them certain roles and permissions​. If you are invited to be a Contributor on other User’s Platform , you need to create a User Account of your own before you access the other User Platform.

If you are a Reseller User, the Reseller may be the owner of the User Platform and have access to information on such User Platform. The Reseller will also have all rights and functionalities awarded to a User Account owner. You may be invited by the Reseller as a Contributor to such User Platform.

1. 5 Account Ownership

For each User Platform, Carpfish Creative LLC will consider the owner of such User Platform to be the person or entity whose email address is listed in Carpfish Creative LLC’s records as the owner of the User Account under which the User Platform was created. 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such a determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without Carpfish Creative LLC having any liability to you or to any other party. We may request documentation (e.g., government-issued ID, a business license) that may assist us in determining ownership.

If you created your User Account directly on the Carpfish Creative LLC Website (and not via a Reseller),  we may consider the principles set forth below to determine ownership.

If you are invited as a Contributor to a User Platform or if you are a Reseller User, you acknowledge that the owner of such User Platform and /or the Reseller (ii) shall have full access to any information (including personal information) that is stored by you or on your behalf on such User Platform; and (ii) shall have all the rights and functionalities awarded to a User Account owner, in connection with such User Platform.

  1. Carpfish Creative LLC will consider the person or entity who has access to the e-mail address (listed in Carpfish Creative LLC’s records for a User Account under which such User Platform or User Content was created) as the owner of a User Account, User Platform, and/or User Content created and/or uploaded to the relevant Carpfish Creative LLC Service.

  2. If any Paid Services were purchased via a User Account, Carpfish Creative LLC may consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, as the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable, if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Carpfish Creative LLC’s database, Carpfish Creative LLC may consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such a domain, Carpfish Creative LLC will consider the organization as the actual owner of the domain. In the event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Carpfish Creative LLC shall consider the person registered as the owner of the domain connected to the Carpfish Creative LLC Account as the owner of the User Platform.

Notwithstanding the foregoing, Carpfish Creative LLC shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in the event Carpfish Creative LLC deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by the sole discretion of Carpfish Creative LLC.

If you are a Reseller User the ownership of the respective User Account may be determined by Carpfish Creative LLC pursuant to the terms of the Reseller Agreement.

 

2. Your Obligations

2.1. You represent and warrant that:

  1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Carpfish Creative LLC Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Carpfish Creative LLC Terms;

  2. you are not ordinarily resident of, and will not use or distribute the Carpfish Creative LLC Services or Carpfish Creative LLC App in, any country or region subject to U.S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list, including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (“SDN List”), or any other applicable sanctions list maintained by the EU, the UK or other, and that you are not owned 50 percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (“Sanctioned Party”).  You further confirm that you will not use or distribute the Carpfish Creative LLC Services or the Carpfish Creative LLC App directly or indirectly to or for the benefit of a Sanctioned Party.  You agree to indemnify Carpfish Creative LLC against any and all losses, including without limitation, monetary penalties and legal fees, that Carpfish Creative LLC may suffer should you violate any of the forgoing confirmations regarding your non-sanctioned status.

  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;

  4. you understand that Carpfish Creative LLC does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

    And specifically regarding your User Content:

     

  5. you confirm you own all rights in and to any content uploaded, developed or provided by you, or imported, connected, copied or uploaded by Carpfish Creative LLC Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content, by you and us or any of our affiliates;

  6. you have (and will maintain) the full power, title, licenses, consents and authority to allow Carpfish Creative LLC Services or Carpfish Creative LLC App to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your User Content.

  7. the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Carpfish Creative LLC and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the Carpfish Creative LLC Services;

  8. you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the Carpfish Creative LLC Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;

  2. be solely responsible and liable with respect to any of the uses of the Carpfish Creative LLC Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the Carpfish Creative LLC Services);

  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications features, services, and/or Third Party Services used, connected, presented or developed by you;

  4. receive from time to time promotional messages and materials from Carpfish Creative LLC or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please notify us at any time;

  5. allow Carpfish Creative LLC to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Carpfish Creative LLC’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Carpfish Creative LLC or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;

  6. Carpfish Creative LLC’s sole discretion as to the means, manner, and method for performing the Carpfish Creative LLC Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).

  7. ​Carpfish Creative LLC shall have the right to offer the Carpfish Creative LLC Services in alternative price plans and impose different restrictions for the upload, storage, download and use of the Carpfish Creative LLC Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, the volume of download time, number of subscribers to your Content, the volume of storage, etc.

You will be responsible for your actions and for the actions of anyone who accesses your user account or user platform settings.

  • You shall regularly save backups of your content.


  • You agree that we or our partners may send you promotional messages and content.

  • You can easily opt-out of receiving promotional messages by contacting us.​

  • You allow us to use your website for our promotional activities, and to determine the manner in which the services will be performed.​

  • \You agree that Carpfish Creative LLC has the right to impose and change price plans for its Services. Additionally, Carpfish Creative LLC may impose restrictions depending on your specific usage of the Service.

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Carpfish Creative LLC Website, the Carpfish Creative LLC Services (or any part thereof), any Content offered by Carpfish Creative LLC or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Carpfish Creative LLC’s prior written and specific consent and/or as expressly permitted under the Carpfish Creative LLC Terms;

  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Carpfish Creative LLC or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;

  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;

  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;  

  5. upload, insert, collect or otherwise make available  within the Carpfish Creative LLC Website or the Carpfish Creative LLC Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;

  6. publish and/or make any use of the Carpfish Creative LLC Services or Licensed Content on any website, media, network or system other than those provided by Carpfish Creative LLC, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Carpfish Creative LLC Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Carpfish Creative LLC, in advance and in writing;

  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Carpfish Creative LLC Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Carpfish Creative LLC Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Carpfish Creative LLC Services;

  8. act in a manner which might be perceived as damaging to Carpfish Creative LLC’s reputation and goodwill or which may bring Carpfish Creative LLC into disrepute or harm;

  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Carpfish Creative LLC or Carpfish Creative LLC Marks and/or variations and misspellings thereof;

  10. impersonate any person or entity or provide false information on the Carpfish Creative LLC Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Carpfish Creative LLC and/or any End Users;

  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Carpfish Creative LLC or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;

  12. reverse look-up, trace, or seek to trace another User of Carpfish Creative LLC Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Carpfish Creative LLC Services and/or User Platform without their express and informed consent;

  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Carpfish Creative LLC Services, User Platform, the account of another User(s), or any other systems or networks connected to the Carpfish Creative LLC Services, by hacking, password mining, or other illegitimate or prohibited means;

  14. probe, scan, or test the vulnerability of the Carpfish Creative LLC Services or any network connected to the Carpfish Creative LLC Services;

  15. upload to the Carpfish Creative LLC Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Carpfish Creative LLC Services or Carpfish Creative LLC’s systems or networks connected to the Carpfish Creative LLC Services, or otherwise interfere with or disrupt the operation of any of the Carpfish Creative LLC Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;

  17. use any of the Carpfish Creative LLC Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;

  18. utilize any of the Carpfish Creative LLC Services or Carpfish Creative LLC Systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services;

  19. access to Carpfish Creative LLC Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.

  20. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Carpfish Creative LLC Services, except as expressly permitted by the Carpfish Creative LLC Terms;

  21. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Carpfish Creative LLC Services and/or Licensed Content; or

  22. violate, attempt to violate, or otherwise fail to comply with any of the Carpfish Creative LLC Terms or any laws or requirements applicable to your use of the Carpfish Creative LLC Services.

  23. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

3. Content and Ownership

3.1. Your Intellectual Property

As between Carpfish Creative LLC and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to Carpfish Creative LLC Services by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, SPIs, APIs, databases, interfaces, text and literary works. Carpfish Creative LLC does not claim ownership rights on your User Content or the content you connected to the Carpfish Creative LLC Services. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to train our software tools, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

3.2. Carpfish Creative LLC’s Intellectual Property

All rights, title and interest in and to the Carpfish Creative LLC Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Carpfish Creative LLC Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Carpfish Creative LLC.

 

Subject to your full compliance with the Carpfish Creative LLC Terms and timely payment of all applicable Fees, Carpfish Creative LLC hereby grants you, upon creating your User Account and for as long as Carpfish Creative LLC wishes to provide you with the Carpfish Creative LLC Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Carpfish Creative LLC Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Carpfish Creative LLC Terms, and solely within the Carpfish Creative LLC Services.

 

The Carpfish Creative LLC Terms do not convey any right or interest in or to Carpfish Creative LLC’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Carpfish Creative LLC Terms constitutes an assignment or waiver of Carpfish Creative LLC’s Intellectual Property rights under any law.

In addition to the above, certain fonts made available to you within the Carpfish Creative LLC Services, are licensed to Carpfish Creative LLC by a third party provider, and are therefore subject to additional license terms of such provider, which are summarized and available for your review at https://www.carpfishcreative.com/about/mono-terms-of-use.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Carpfish Creative LLC Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Carpfish Creative LLC. By providing such Feedback to Carpfish Creative LLC, you acknowledge and agree that it may be used by Carpfish Creative LLC in order to: (i) further develop, customize and improve of the Carpfish Creative LLC Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Carpfish Creative LLC -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Carpfish Creative LLC may use to provide and improve its services, (vi) to enhance Carpfish Creative LLC data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Carpfish Creative LLC any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

4. Privacy

Certain parts of the Carpfish Creative LLC Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the Carpfish Creative LLC Services, Carpfish Creative LLC and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Carpfish Creative LLC Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

 

5. Service Fees

5.1. Paid Services

The use of certain Carpfish Creative LLC Services may be subject to payment of particular fees, as determined by Carpfish Creative LLC in its sole discretion (“Paid Services” and “Fee(s)”, respectively). Important: if you are a  Reseller User and your payment is made to the Reseller, then the provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1) and 5.5  of this Section 5 with respect to such specific Paid Service may not apply to you and the payment and management of such Paid Service, shall be made directly with the Reseller according to the terms agreed upon between you and the Reseller.

  1. Carpfish Creative LLC will notify you of the Fees then in effect, you need to pay directly to Carpfish Creative LLC in relation to the Paid Services you decide to purchase from Carpfish Creative LLC. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance

  2. Carpfish Creative LLC reserves the right to change its Fees at any time in its sole discretion. Carpfish Creative LLC will send a notice regarding the change to you or your Reseller if such a change will affect your existing subscriptions

  3. you received a discount or other promotional offer, either from Carpfish Creative LLC or from a Reseller, Carpfish Creative LLC or the Reseller, respectively, shall have the right at the end of the applicable discounted period, to, automatically and without notice, renew your subscription to such Carpfish Creative LLC Service(s) at the full then-current applicable Fee.

  4. All Fees paid directly to Carpfish Creative LLC shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by Carpfish Creative LLC. To the extent permitted by law (and unless specified otherwise by Carpfish Creative LLC in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Carpfish Creative LLC Services, or to any payments or purchases made by you. If Carpfish Creative LLC is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Carpfish Creative LLC is not responsible for any such additional fees or costs.

  5. If you purchase Paid Services directly from Carpfish Creative LLC, then as part of registering or submitting information to receive Paid Services, you also authorize Carpfish Creative LLC (either directly or through its affiliates, subsidiaries other third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries Carpfish Creative LLC or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

  6. You must keep a credit card stored with Carpfish Creative LLC to pay for your Paid Services (“Stored Card”) that are purchased directly from Carpfish Creative LLC. You will be able to identify your Stored Card by its last four digits on your Account Settings Page.

5.2. Invoices

If you are a Reseller User and you pay the Reseller and not directly to Carpfish Creative LLC, the following Section 5.2 does not apply to you.

Carpfish Creative LLC and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by Carpfish Creative LLC (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 

5.3. Subscription Auto-Renewals

  1. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option is turned off by you or your Reseller, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, (by Carpfish Creative LLC or your Reseller), at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) (“Renewing Paid Services”). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. 

  2. Accordingly, where applicable and as for Fees paid directly to Carpfish Creative LLC, Carpfish Creative LLC will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, Carpfish Creative LLC will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

  3. By entering into these Terms of Use and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.

  4. You (or the Reseller from which you purchase the Paid Services) may turn off the auto-renewal option for Renewing Paid Services at any time via your User Account or by visiting Carpfish Creative LLC Help Center.

  5. Certain domains are subject to a different renewal policy as detailed at Web.com Reseller Domain Name Registration Agreement and Tucows Reseller Domain Name Registration Agreement, as applicable.

  6. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Carpfish Creative LLC Services you use (whether or not such Carpfish Creative LLC Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Carpfish Creative LLC Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Carpfish Creative LLC Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Carpfish Creative LLC in relation to the discontinuation of any Carpfish Creative LLC Services or Third Party Services, for whatever .

5.4. Money-Back Guarantee

If you are a Reseller User, and you pay the Reseller and not directly to Carpfish Creative LLC,  Section 5.4 does not apply to you.

  1. If you are not happy with your initial purchase of a Premium Plan, you may provide notice of cancellation for any reason within fourteen (14) days of having first ordered or activated such Premium Plan (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of a Premium Plan which is an upgrade of a free website. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of Carpfish Creative LLC Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with all applicable laws. If Carpfish Creative LLC receives such notice within the Refund Period, Carpfish Creative LLC will refund to you the amount Carpfish Creative LLC charged you for such Carpfish Creative LLC Services, in the currency you were originally charged in, and cancel the services accordingly. Please note that the Refund amount may be different than the amount you were charged due to currency changes and third-party fees. Carpfish Creative LLC will not be responsible for any differences caused by a change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given by a User in bad faith or in an illegitimate attempt to avoid payment for services actually received, we reserve our right to still charge the User for any Carpfish Creative LLC Services actually received, as permitted by the applicable law.

  2. Please note: Certain services purchased on or through the Carpfish Creative LLC Services may be non-refundable altogether. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the Carpfish Creative LLC Website and/or as part of or during the process of purchasing such services or applications. It is your responsibility to verify the ability to cancel a service prior to its purchase. Carpfish Creative LLC will not refund any amounts paid for non-refundable Paid Services, applications or Third Party Services.

We are happy to offer a 14-day money-back guarantee for our monthly or annual paid services when first purchased. This may be extended according to the law. If you are a Reseller User and pay the Reseller, this Section does not apply to you.

Please carefully check the terms of each service before buying, since some services are non-refundable.

 

5.5. Chargebacks

If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due directly to Carpfish Creative LLC, on your Carpfish Creative LLC account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Carpfish Creative LLC Services may be automatically disabled or terminated. 

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below). 

 

Your use of the Carpfish Creative LLC Services will not resume until you re-subscribe for any such Carpfish Creative LLC Services, and pay any applicable Fees in full, including any fees and expenses incurred by Carpfish Creative LLC and/or any Third Party Services for each Chargeback received (including Fees for Carpfish Creative LLC Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

If you have any questions or concerns regarding a payment made by you to Carpfish Creative LLC, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the Carpfish Creative LLC Services from being canceled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Carpfish Creative LLC Services purchased (and charged-back) by you.

 

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.

 

6. Cancellation

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any Carpfish Creative LLC Services at any time, in accordance with the instructions available on the Carpfish Creative LLC Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Carpfish Creative LLC Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period. Notwithstanding the aforesaid, any Paid Service (including Renewing Paid Services) purchased from a Reseller are subject to such cancellation terms as agreed between you and your Reseller.

 

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made - if purchased directly from Carpfish Creative LLC,  at least fourteen (14) days prior to the expiration of the then-current service period, and if purchased and paid for to, a Reseller  - pursuant to the provisions of your agreement with the Reseller.

​For more information about canceling the Paid Services you purchased from Carpfish Creative LLC, please visit Carpfish Creative LLC Help Center. For information about canceling Paid Services you purchased from a Reseller, please contact your Reseller.

6.2. Cancellation by Carpfish Creative LLC

Failure to comply with any of the Carpfish Creative LLC Terms and/or to pay any due Fee shall entitle Carpfish Creative LLC, among other things, to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related Carpfish Creative LLC Services (e.g., Paid Services) or Third Party Services to you. 

If you open a User Account via a Reseller or purchase Paid Services from a Reseller, then Carpfish Creative LLC is entitled to suspend, terminate or block access to your User Account and User Platform (or certain features thereof) as well as to the provisioning of any related Carpfish Creative LLC Services or Third Party Services to you, also if: (a) Carpfish Creative LLC is requested to do so by your Reseller; or if (b) Reseller fails to pay Carpfish Creative LLC any amounts due to Carpfish Creative LLC pursuant to the Reseller Agreement. You consent to these suspension and termination rights and acknowledge and agree that Carpfish Creative LLC shall have no liability to you of any kind with respect to any such suspension or termination. Your sole recourse with respect to any such suspension or termination shall be against the Reseller.

6.3. Loss of Data, Content and Capacity

If your User Account or any Carpfish Creative LLC Services or Third Party Services related to your User Account are canceled (whether at your request or at Carpfish Creative LLC’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Carpfish Creative LLC shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Carpfish Creative LLC Services following their cancellation, as determined by Carpfish Creative LLC in its sole discretion.

​Following the termination of your User Account or User Platform, Carpfish Creative LLC reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your User Account or User Platform is terminated.

 

7. E-Commerce 

7.1. General

The Carpfish Creative LLC Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform (“User Products”, and collectively with Carpfish Creative LLC Services – “E-Commerce”).

 

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.

When someone purchases your User Products, the payments for such transactions will be processed through Carpfish Creative LLC Payments or through a third-party payment service provider (“Payment Provider(s)”).

7.2. Payment Providers

You acknowledge and agree that Carpfish Creative LLC Payments (if available in your country) will be your default payment provider.

 

The Carpfish Creative LLC Payments account shall be governed by the Carpfish Creative LLC Payments Terms of Service, which are hereby incorporated by reference. Please read these terms of use service prior to publishing your site and accepting payments.

 

In addition, subject to territorial restrictions, you may accept payments with Apple Pay. By using Apple Pay, you accept and agree to the Apple Pay Platform Web Merchant Terms and Conditions.

 

The processing of payments by other Payment Providers shall be governed by such Payment Provider’s terms of service. We are neither a party to nor are responsible in any way for your relationship with any such Payment Providers, or for the actions of any of these Payment Providers.

7.3. Events

Depending on your plan, Carpfish Creative LLC may charge you service fees for event tickets sold through your site. You hereby agree to pay such fees, as required by Carpfish Creative LLC, and authorize Carpfish Creative LLC to instruct its payment processing partners or your Payment Provider, as applicable, to deduct such fees from your relevant transactions, or to otherwise collect such fees.

7.4. E-Commerce Acknowledgments and Warranties

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

  1. you are solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law; 

  2. any Taxes indicated by the E-Commerce features provided to you by Carpfish Creative LLC are solely provided for illustration purposes only, and may not be relied on in any way;

  3. you are responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;

  4. you are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and

  5. you may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –

  6. Carpfish Creative LLC may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

 

8. Video Services

As part of the Carpfish Creative LLC Services, Carpfish Creative LLC may provide video services (such as Carpfish Creative LLC Video or Carpfish Creative LLC Pro Gallery) for managing videos on User Platforms (the "Video Services").  

 

The use of the video services for your User Platform, may require that you receive a license to use certain patents from MPEG–LA (the "License"). It is your own exclusive responsibility to decide whether your activity requires a License and to obtain it. Information about the License can be obtained from Carpfish Creative.

In addition to the aforesaid and in Section 13 of these Terms of Use and without any limitation of liability, you shall fully indemnify, defend and hold Carpfish Creative LLC its officers, directors, shareholders, employees, affiliates and agents, harmless from any and all damages and costs, obligations, losses, liabilities debt and expenses (including attorneys’ fees), as accrued, that arise out of or are related to infringement and/or misuse of the patent pool under the MPEG-LA consortium.

If your needs require a more inclusive plan than those regularly offered by us, please contact our support team at: hr@carpfishcreative.com.

9. Third Party Services

The Carpfish Creative LLC Services enable you to engage, connect, further develop and procure certain third-party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the Carpfish Creative LLC Website (including the Carpfish Creative LLC App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, external databases, code packages, etc. (collectively, “Third-party Services”).

 

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain Carpfish Creative LLC Services, offered separately by Carpfish Creative LLC or persons certified or authorized by Carpfish Creative LLC, connected independently by you or otherwise offered anywhere on the Carpfish Creative LLC Services), Carpfish Creative LLC merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. Carpfish Creative LLC will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.

You acknowledge that such services may require the payment of additional amounts to Carpfish Creative LLC and/or to the providers of such Third-Party Services.

 

Any and all use of such Third-party Services shall be done solely at your own risk and responsibility and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

If you use third-party services, tools, code, algorithms, databases, products, software or goods while using our Services, you declare that you act in compliance with their terms of use. For example, if you use YouTube while using the Services, you must comply with the applicable YouTube terms and its privacy policy as in the effective version as of the date of use of such services.

While we hope to avoid such instances, Carpfish Creative LLC may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the Carpfish Creative LLC Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

 

11. Misconduct and Copyrights

11.1. Misconduct and Abuse

When using Carpfish Creative LLC Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Carpfish Creative LLC with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the Carpfish Creative LLC Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon Carpfish Creative LLC, and that Carpfish Creative LLC may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

#ItsThatEasy

If you witness or experience any misconduct or abusive behavior by anyone using our services, please let us know.

11.2. Copyrights

Carpfish Creative LLC acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via hr@carpfishcreative.com  or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Carpfish Creative LLC to locate the material (including URL address); (4) 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 the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

 

Carpfish Creative LLC’s Copyright Agent can be reached at the following address:

 

carpfishcreative.com Inc.

 

3310 Greenbrier St

St. Paul, MN 55127

Attn: Copyright, HR

Telephone Number: 1-612-584-9848

E-mail: hr@carpfishcreative.com

 

In the event that Carpfish Creative LLC receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User Account, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at Carpfish Creative LLC’s sole reasonable discretion. Carpfish Creative LLC reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.

 

12. Disclaimer of Warranties

We provide the Carpfish Creative LLC Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Carpfish Creative LLC Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the Carpfish Creative LLC Services – so please be sure to verify those before using or otherwise engaging them.

 

Carpfish Creative LLC may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

 

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Carpfish Creative LLC be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Carpfish Creative LLC Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Carpfish Creative LLC shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

 

You acknowledge that there are risks in using the Carpfish Creative LLC Services and/or connecting and/or dealing with any Third Party Services through or in connection with Carpfish Creative LLC Services, and that Carpfish Creative LLC cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

 

Carpfish Creative LLC does not recommend the use of the Carpfish Creative LLC Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

 

Please note that certain Carpfish Creative LLC Services are currently offered in their BETA version, and undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain Carpfish Creative LLC Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Carpfish Creative LLC Services at this BETA stage signifies your agreement to the above and to participate in such Carpfish Creative LLC Services’ BETA testing.

We make no warranties regarding our services, including their quality, reliability, security, compatibility and conditions. We may monitor and edit your website and content.

​ 

However, we are not to be considered a “publisher” of your content, we do not endorse your content, and will not be liable for any content used by you or anyone else. There are risks in using our services or anyone else’s services. You accept such risks. Some of our services are still in BETA, and may contain bugs or experience interruptions.

 

13. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Carpfish Creative LLC, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Carpfish Creative LLC Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Carpfish Creative LLC Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Carpfish Creative LLC Services; (6) events beyond the reasonable control of Carpfish Creative LLC, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Carpfish Creative LLC Services.

 

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Carpfish Creative LLC’s services to you, and such limitations will apply even if Carpfish Creative LLC has been advised of the possibility of such liabilities.

 

14. Indemnity

You agree to defend, indemnify and hold harmless Carpfish Creative LLC, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Carpfish Creative LLC Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Carpfish Creative LLC Services, including, without limitation, Carpfish Creative LLC Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

 

15. General

15.1. Changes & Updates

Carpfish Creative LLC reserves the right to change, suspend or terminate any of the Carpfish Creative LLC Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Carpfish Creative LLC Services (including removal of any materials created by you in connection with the Carpfish Creative LLC Services) for any reason and/or change any of the Carpfish Creative LLC Terms with or without prior notice - at any time and in any manner.

You agree that Carpfish Creative LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of those Carpfish Creative LLC Services (or materials, content or services created, developed or connected by you in connection with the Carpfish Creative LLC Services).

If any such changes involve the payment of additional or higher Fees, we will provide you with a notice regarding such additional or higher Fees prior to enabling such specific changes. If you fail or refuse to pay such additional or higher Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Carpfish Creative LLC Services without enabling such changes, or provide you with alternative Services.

The Carpfish Creative LLC Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Carpfish Creative LLC Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Carpfish Creative LLC Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.

 

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in St. Paul, MN. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and Carpfish Creative LLC shall only be resolved on an individual basis and you shall not have the right to bring any claim against Carpfish Creative LLC as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   

Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and Carpfish Creative LLC will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.

 

15.3. Notices

We may provide you with notices in any of the following methods: (1) via the Carpfish Creative LLC Services, including by a banner or pop-up within the Carpfish Creative LLC Website, User Account, or elsewhere; (2) by an e-mail, sent to the e-mail address you provided us; (3) if you are a Reseller User then via your Reseller; and/or (4) through any other means, including any phone number or physical address you provided us. Carpfish Creative LLC’s notice to you or to your Reseller will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

 

15.4. Relationship

The Carpfish Creative LLC Terms, and your use of the Carpfish Creative LLC Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Carpfish Creative LLC and you. We may provide you (or your Reseller, if you are a Reseller User) with notices via our services, by e-mail or through any other contact means you provided us. Accepting these terms and services does not form a partnership or any special relationship between us.

 

15.5. Entire Agreement

These Terms of Use, together with the Carpfish Creative LLC Terms and any other legal or fee notices provided to you by Carpfish Creative LLC, shall constitute the entire agreement between you and Carpfish Creative LLC concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Carpfish Creative LLC and you, including those made by or between any of our respective representatives, with respect to any of the Carpfish Creative LLC Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Carpfish Creative LLC in entering into any of the Carpfish Creative LLC Terms.

 

These terms (together with additional terms) shall constitute the sole and entire agreement between us.

15.6. Assignment

  1. Carpfish Creative LLC may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Carpfish Creative LLC Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of Carpfish Creative LLC. Any attempted or actual assignment thereof without Carpfish Creative LLC’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎15.6 shall not in itself grant either Carpfish Creative LLC or you the right to cancel any Carpfish Creative LLC Services or Third Party Services then in effect

  2. If you are a Reseller User, then your subscription with the Reseller with respect to your User Account or User Platform (or any part thereof) may be assigned to Carpfish Creative LLC. You agree that if your subscription (or any part thereof) to a Carpfish Creative LLC User Account or User Platform with the Reseller is assigned to Carpfish Creative LLC, your continued rights to access and use your User Account and User Platform will be subject to these Terms of Use, in their entirety (as may be amended from time to time) and you consent to the full application of these Terms of Use, including without limitation, the billing and payment provisions contained herein. You agree that following any such assignment, you shall, upon request by Carpfish Creative LLC, provide such information as is required to secure payment for any Paid Services commencing after such assignment.

If you are a Reseller User your User Account may be assigned to Carpfish Creative LLC. In such a case, if you’d like to continue to use your User Account - you agree to be bound by Carpfish Creative LLC Terms of Use and to provide Carpfish Creative LLC with any required information to secure payment for any Paid Services you purchase. 

15.7. Severability & Waivers

If any provision of the Carpfish Creative LLC Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Carpfish Creative LLC Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

15.8. Interpretation

These Terms of Use were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your Carpfish Creative LLC Website language settings. If a translated (non-English) version of these Terms of Use conflicts in any way with their English version, the provisions of the English version shall prevail.

15.9. Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

Go to Carpfish Creative LLC Help Center which is available at: hr@carpfishcreative.com.

 

Have any questions or suggestions? we’d love to hear them!

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