Welcome to our website, www.riseupcreatives.com (the “Site”)! We are proud to present you with our graphic design editor software and portal, which allows you to access, create and store designs and content (the “Services”). We want to make sure the terms of our relationship are clear, so this page outlines the Terms of Service (“TOS”) under which the Site and Services are provided to you.
I. OUR SERVICES
Summary of Our Services. The Services give users the ability to create, share, upload, download, and design artwork, graphics, text, slides, films, audio content, text content, and other creations (“Content”). Our Services also allow users to collaborate with each other to create Content.
How it Works. Once an account is set up for the Services, you can begin creating, downloading, and sharing content. There are several ways to create and share content using the Services. For instance, you can upload your own designs into the Services. Or, you can create new Content using artwork that has already been uploaded into the Services. You may also create or upload Content which contains or incorporates a third party’s artwork, but only if you have that third party’s explicit written permission to use and license the artwork to others. To be clear, if you use the Services to make another’s artwork available, or you use another’s artwork to create Content, you represent and warrant that you have the explicit written permission to use that artwork and to license that artwork for others to use.
Intended Purpose of the Site and Services. The Site and Services are intended to allow users to collaborate with others and create and share Content (the “Intended Purposes”).
II. REQUIREMENTS FOR YOU TO USE THE SERVICES
Use the Site and Services only for the Intended Purpose. As one of the conditions of your use of the Site and Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site or Services for anything other than the Intended Purpose, or for any purpose or in any manner that is prohibited by our TOS or by applicable law. It is your responsibility to ensure that your use of the Site and Services complies with our TOS.
Comply with laws in your jurisdiction. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data exported from the United States or the country in which you reside.
All users must be over the age of 18. You must be 18 years old or older to use or access the Site or Services. Any use or access to the Site or Services by anyone under 18 is strictly prohibited and in violation of these TOS. By using or accessing the Site or Services, you represent and warrant that you are over the age of 18 and have the full right, power and authority to enter into the TOS and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into the TOS.
Prior prohibited users are not allowed. The Site and Services may not be used by anyone we previously prohibited from using the Site or Services.
Acceptable Use of the Site and Services. You agree that you will NOT:
- Use the Site or Services if you are under the age of 18.
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Harm minors in any other way.
- Make any sexual request on behalf of a minor or make any sexual request of a minor.
- “Stalk” or otherwise harass another.
- Collect or store personally identifying information about other users for commercial or unlawful purposes.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Site or Services.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site or Services.
- Use automated means, including spiders, robots, crawlers, or the like to download data.
- Sell, distribute, or make any commercial use of data obtained from the Services or any of our databases or make any other use of data from the Site or Services or any of our databases in a manner which could be expected to offend the person for whom the data is relevant.
- Engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site or Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site or Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- Interfere with or disrupt the Site, Services or servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Disobey any of our employees or representatives, or interfere with any action by any of our employees or representatives to redress any violation of these TOS.
- Use any software deployed in connection with the Site or Services to process data as a service to other entities without the express written consent of the party from whom such software may be licensed.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software, deployed in connection with the Site or Services.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to other users of the Site or Services, or is against the spirit of these TOS.
- Post any mean, discourteous or angry comments, posts, critiques, or content.
- Use the Site or Services to advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food or beverage that is not packaged or does not comply with all laws governing the sale of food or beverage to consumers.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any counterfeit or stolen items.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
Removing Content and Users. You acknowledge and agree that we may terminate your access to the Site or Services, or any portion thereof, for violating these TOS. We may also terminate your access to the Services, or any portion thereof, in the event that our agreement with the owner of the master account is terminated or cancelled. To be clear, your access to the Services, and therefore your access to the Content, may be terminated or blocked at any time if you violate these TOS or if our agreement with the owner of the master account is terminated or cancelled.
Using Another User’s Account. Each individual user of the Services must set up an individual account. You may never use another user’s account. You may not allow others to access or use the Services with your unique username, password, or other security code. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your account.
Changes to Your Account Information. You represent and warrant that all information you submit to us is truthful and accurate and that you will maintain the accuracy of such information. If any information changes, you must update your account immediately with the current information.
Responsibility for Your Account. You are solely responsible for the activity that occurs on your account. You shall keep your account password secure, and take appropriate measures to safeguard the security of your account and electronic device(s).
7 Day Free Trial. All users are granted a 7 day free trial upon joining. When the 7 day free trial expires, you will be automatically charged for the monthly or annual subscription chosen at the time of registration.
Recurring Billing: When you subscribe to Rise Up Creatives, you agree to being charged on a monthly basis (same day of the month enrolled) or an annual basis (same day of the year enrolled) depending on which subscription you choose. Your account is continuous, and you must cancel your account in order to stop the monthly payments. Subscriptions will not automatically cancel.
Declined Payment: In the the event of a declined payment, your account will be put on hold, and you will not have access to Rise Up Creatives resources. We will retry the payment five times over a seven day period, and you will be notified if your payment method fails a second time. From the time of the first payment failure, we will store your Rise Up Creatives Graphic Design Studio projects for up to 14 days. After 14 days, your account will be closed, and all projects will be deleted.
Cancellation and Refunds: Your subscription can be cancelled at any time, but there are no refunds, returns, exchanges, or transfers of membership. Upon cancellation, you will only have access to the website and Rise Up Creatives Facebook group until the date of your next scheduled payment.
Facebook Group Access: The Rise Up Creatives Facebook group is only available to subscribers with an active account. Upon cancelling your subscription, you will be removed from the Facebook group on the day after your subscription expires.
IV. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property. Our Site and Services, including but not limited to text, graphics, images, logos, buttons, icons, software and the overall “look” and “feel” of our platform, Site and Services, are the sole property of Rise Up Creatives (“RUC”), and are RUC’s protected patents, copyrights, trademarks, and service marks (the “RUC IP”). Content which is not created by RUC, and all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the RUC IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the RUC IP unless you have RUC’s express, written consent.
User’s Intellectual Property. The Content that you create and/or provide through our Services is protected under copyright and other intellectual property laws. Content Providers and owners of content available the Services may strictly enforce their copyrights and/or the circumvention of security measures. We ask that all users respect the law, and not violating anyone’s intellectual property rights. Thus, you represent and warrant that:
- All Content that you upload/provide/create through the Services does not and will not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
- Your Content does not violate the terms of these TOS, and falls within the Acceptable Uses of the Services as set forth in Section 1 of these TOS.
- There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the Content you have uploaded/provided/created or which might in any way impair the rights granted by you under these TOS.
- If your Content uses or incorporates (i) any content created by other users or (ii) any content created by third parties, you represent and warrant that you have written permission to use and license such Content.
DMCA. We are committed to protecting copyrights and expect you to do the same. We abide by the federal Digital Millennium Copyright Act (“DMCA”). If you believe that a user’s Content is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify us of any such copyright. Similarly, if you disagree that your Content constitutes an infringement, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows: Attn: David Trotter, 220 Newport Center Dr. #11-508, Newport Beach, CA 92660. Email: firstname.lastname@example.org
Please note that third party providers have their own DMCA procedures. If you believe a user on a third party site is infringing on your propriety work, please use that third party’s DMCA complaint procedure.
Copyright infringement Notification. To file a copyright infringement notification, please send us written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements). To expedite our ability to process your request, please use the following format:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- 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 law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Counter-Notification. If you disagree that your Content is an infringement of another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act to confirm these requirements) To expedite our ability to process your request, please use the following format:
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please also note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these TOS. The TOS is not legal advice, and before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
V. MONITORING, SECURITY AND PAYMENT
Security. While we take the security of our Site and Services very seriously, we cannot ensure or guarantee the security of the Site or Services. It is therefore recommended that the Site and Services not be used for the transmission of confidential information. Any such use shall be at your sole risk, and we and our affiliates and related companies shall be relieved of all liability in connection therewith. To the extent that you voluntarily post information about yourself via your Profile or Content, you understand that your information is accessible to others and we cannot, and will not, monitor or protect such information in any way.
VI. INDEMNIFICATION, LIMITATIONS OF LIABILITY & WARRANTIES.
Indemnification. By using the Site and/or Services, you agree to defend, indemnify and hold harmless us, RUC, and our officers, directors, employees, agents and attorneys (collectively defined as “the Providing Parties”) from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these TOS, your breach of any representations or warranties in these TOS, infringement of another’s intellectual property rights, and your conduct while using the Services.
Release and Limitations of Liability. You agree to release the Providing Parties from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these TOS, the Content, your use of the Site, and/or your use of the Services.
IN NO EVENT SHALL THE PROVIDING PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE, SERVICES AND/OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROVIDING PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.
Warranties. By entering into these TOS, you acknowledge and agree that we make no warranties of any kind relating to the Site, Services or any data or content available through the Site or Services, including but not limited to the Content.
Furthermore, nothing on the Site or Services shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, services, business practices or otherwise.
THE PROVIDING PARTIES DO NOT WARRANT THAT THE SITE, SERVICES, OR THE CONTENT AVAILABLE THROUGH THE SITE AND SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES OR THE PROVIDING PARTIES’ SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE, SERVICES OR THE CONTENT AVAILABLE THROUGH THE SITE AND SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT THE PROVIDING PARTIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE, SERVICES AND THE INTERNET IN GENERAL. THE SITE, SERVICES AND CONTENT AVAILABLE ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE PROVIDING PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROVIDING PARTIES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SITE, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
Email Notification. You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Site and/or Services, including any notices required by law, in lieu of communication by postal mail. Therefore, please make sure your email address listed under your Profile section is current and accurate. If you do not want to receive such notices through email messages, you may opt out by contacting us at email@example.com.
Communications to Us. You may contact us at firstname.lastname@example.org. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them — but any submission will be subject to these TOS.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
VIII. GENERAL PROVISIONS
No Warranty for Access outside the USA. The Content, Site and Services may not be appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Partial Validity. If any provision of our TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our TOS, which shall remain in full force and effect. No waiver of any term of these TOS shall be deemed a further or continuing waiver of such term or any other term.
Equitable Relief. You understand and agree that due to the nature of our TOS, in addition to money damages, we will be entitled to equitable relief upon a breach of these TOS by you.
Governing Law. These TOS is governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising out of or relating to these TOS shall lie exclusively with the state or federal courts in Orange County, California.
Entire Agreement. Except as expressly provided in a particular Legal Notice, our SAAS Services Agreement, or other notice published through the Site or Services, these terms represent the entire binding agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding the Site and Services. In the event of a conflict between the SAAS Services Agreement and these TOS, the SAAS Services Agreement shall govern.
Changes. We may change the terms of these TOS from time to time, and we recommend that you check these terms frequently to verify any changes that may have taken place. In the event we make a material change or modification to these TOS, we will provide you with notice in advance of such change by emailing you at the email address that corresponds to your account. You agree that your ongoing use of the Services is an agreement to the terms and conditions in effect as of the latest time that you have used the Site or Services.
Digital Admissibility. You hereby agree that a printed version of these TOS, and any other notice given in electronic form which is related to these TOS, the Site or the Services, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.