CreatorKit Terms of Service

Welcome to CreatorKit!

These Terms of Service ("Terms"), which include and hereby incorporate the Privacy Policy at creatorkit.com/legal/privacy ("Privacy Policy"), are a legal agreement between BetaLabs Inc., a Delaware corporation with address at 340 S Lemon Ave 8191 Walnut, California 91789 (the "Company" or "we") and you ("you"). By using or accessing the CreatorKit application (the "App") or the website located at https://creatorkit.com (the "Site"), which are collectively referred to as the "Service," you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

The Company reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective seven (7) days following posting on the Service, and your continued use of the Service after the effective date will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.

1. Service Description; Eligibility

CreatorKit, Top Nine, and its applications, are internet services (the "Service", "we", "our" or "us"). "You" or "your" means an adult user of any of the services for yourself, and you as parent or guardian for any child under the age of 13 who you expressly invite to join, for whom you will be held liable and strictly responsible. The Service is generally intended for adults. The service facilitates the creation of a collage featuring photos published on a specified Instagram account in 2018.

2. Use of Service; Security Obligations

You are responsible for all usage that originates from your account. Failure to provide us with accurate, complete and updated information will constitute a breach of this Agreement.

3. Limited Use License

You are licensed to use for personal use only (a) the Service, and (b) the photos and other materials ("Content") which are owned by you and which appear as part of the Service.

When you send Content to the Service, you are granting us a limited license to host that Content and distribute according to our privacy policy.

4. Acceptable Use

You agree not to use the Service:

• to generate videos with content you don’t have the right to use.
• for any unlawful purposes;
• to upload, send, email or otherwise transmit or any material that is or promotes conduct that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, defamatory, libelous, vulgar or illegal, that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, that "stalks", harasses or advocates harassment of another person, or that is otherwise objectionable, in each case as determined by us in our discretion;
• to upload, send, email or otherwise transmit or any material that provides instructional information about illegal activities; this may include, but is not limited to, information about making or buying illegal weapons or providing or creating computer viruses;
• to upload, send, email or otherwise transmit or any material that infringes any copyright, trademark, patent or other intellectual property right or moral right of any person, including CreatorKit, or that constitutes an invasion of the privacy or publicity rights of another;
• to upload, send, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate or that promotes an illegal or unauthorized copy of another person’s copyrighted work; this may include, but is not limited to, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• to harm minors in any way; this may include, but is not limited to, uploading, posting, ordering for print, emailing or otherwise transmitting or communicating any content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content posted to, or otherwise communicated or transmitted through the Service;
• to upload, send, email or otherwise transmit any material which is likely to cause harm to our or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service that may cause any defect, error, malfunction or corruption to the Service;
• for any activity that involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
• to promote information that you know or believe to be false or misleading;
• for any other commercial purpose except the ones explicitly stated on the services;
• to impersonate any person or entity, including, but not limited to, an employee of CreatorKit, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the U.S. government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;

Even though all of the actions described above are strictly prohibited, it is possible that another user may violate these policies and that you may become exposed to material of the type described above. You waive your right to any damages, whether from us or from any third party, arising from or related to such exposure.

You further agree that:

• You are solely responsible for the Content that you submit, post, publish, display, transmit or communicate (collectively, "Post") on or using the Service.
• You will not interfere with or disrupt, or attempt to interfere with or disrupt, the Service or any servers, networks or equipment connected to or employed in conjunction with the Service, or disobey any requirements, procedures, policies or regulations relating to this Service;
• You will not provide any information to us that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; and
• You will not use email, or any other communication information, from us or our affiliates to create "spam" emails.

5. User Content

You must always own the Content that you Post with us (unless someone else owns it, in which case we may need to remove it – see "Acceptable Use" above). You retain all your rights in Content that you upload. If you want to remove it, you can at any time. Our use of your Content is limited to the purposes stated in our Privacy Statement.

If you believe that any type of content you own has been used by CreatorKit users please contact our legal team at legal@creatorkit.com and we will make sure to remove it.

6. Member Disputes

You are solely responsible for your interactions with other users or Members of the Service. We reserve the right, but have no obligation, to monitor or to attempt to resolve any dispute or disagreement between you and other Members. We disclaim any liability to any Member arising from or in connection with any such dispute.

7. Trademarks

All brand, product and service names, including any images or logos, used in conjunction with this Service which identify CreatorKit are, in each case, proprietary marks of CreatorKit. Nothing in this Service shall be deemed to confer on any person any license from CreatorKit with respect to any such brand, product or service name, image or logo.

8. Privacy

Please review our Privacy Policy located at creatorkit.com/legal/privacy

9. Service Availability

We employ reasonable measures to try to ensure that the Service is available on a 24 hours a day, 7 days a week basis. However, there will be occasions when the Service will be interrupted for maintenance, upgrades for emergency repairs or due to the failure of telecommunications links or equipment or other circumstances that are beyond our control. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of CreatorKit. From time to time, and without notice to you, CreatorKit may add or delete certain features or function from the services we provide. You agree that CreatorKit shall not be liable to you for any modification, suspension or discontinuance of any of its Services.

10. Liability Disclaimer

The information, products and services included on this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. CreatorKit, and its third party suppliers, provide all Content in its Services "AS IS", and without any warranty of any kind.

NEITHER WE NOR OUR THIRD PARTY SUPPLIERS MAKE ANY REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY OR ACCURACY OF THE CONTENT OR THE SERVICE FOR ANY PURPOSE. WE AND OUR THIRD PARTY SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE CONTENT AND THE SERVICES, INCLUDING CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN THE CASE OF GOODS OR SERVICES PURCHASED VIA THE SERVICE, ANY WARRANTY IS SUPPLIED BY THE MANUFACTURER AND WE PROVIDE NO SUCH WARRANTY. IN NO CASE WILL WE OR OUR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, LOST OR DELAY OF USE, LOST PROFITS, LOSS OF DATA OR ANY OTHER DAMAGE IN CONTRACT, TORT, EQUITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY IN PART TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.

11. Payments

Credit card charges will be processed within 24 hours after you complete an order. Any products included in your order will be shipped promptly thereafter. We may change our prices at any time and from time to time.

12. Subscriptions

Regarding our "Unlock Everything" Subscription (available through the CreatorKit iOS app )

• Payment will be charged to iTunes Account at confirmation of purchase
• Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
• Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
• Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase

13. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local laws, including but not limited to those regarding online conduct, privacy, copyright and content. Specifically, and without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

14. Miscellaneous

Except to the extent specifically provided above under "Special Admonitions for International Use", this Agreement is governed by the law of United States, without regard to any otherwise applicable conflicts of law principles. Any action to enforce this Agreement shall be brought in the courts located in United States.

15. Contacting us

Please also feel free to contact us if you have any questions about this Privacy Policy or the information practices of the Services. You may contact us as follows: legal@creatorkit.com

16. Use of open-source software

This app uses open-source software. Click here to see the list.