We’ll start with the basics, including a few definitions that should help you understand this agreement. MyCreativeShop (“MyCreativeShop” or the “Service”)
is an online template design & customization service offered through the URL www.mycreativeshop.com (we’ll refer to it as the “Website”) that allows you to select,
customize, and create your own creative marketing material by utilizing our browser based design software. MyCreativeShop is owned and operated
by MyCreativeShop, Inc, a North Dakota corporation (“MyCreativeShop,” “we,” or “us”). MyCreativeShop has employees,
independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service,
to use MyCreativeShop and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.
In order to use MyCreativeShop, you must:
1. be at least eighteen (18) years old and able to enter into contracts;
2. complete the registration process;
3. agree to the Terms; and
4. provide true, complete, and up to date contact information.
By using MyCreativeShop, you represent and warrant that you meet all the requirements listed above, and that you won’t use MyCreativeShop
in a way that violates any laws or regulations. MyCreativeShop may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up (whether for a free trial, or for a paid subscription) for MyCreativeShop and continues as long as you use the Service.
Clicking the button and entering your username means that you’ve officially “signed” the Terms.
If you sign up for MyCreativeShop on behalf of a company or other entity, you represent and warrant
that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or MyCreativeShop may terminate this Agreement at any time and for any reason by giving Notice to the other party.
We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll
refund a prorated portion of your monthly prepayment provided you have an active paid subscription. We won’t refund or
reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may
permanently delete your account and all the data associated with it.
Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of MyCreativeShop.
We may change the Website, the Service, or any features of the Service at any time.
5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to,
whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.
We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons,
we may only reset your password.
6. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships,
and we don't arbitrate disputes over who owns an account. You won't request access to or information
about an account that's not yours, and you'll resolve any account-related disputes directly with the other party.
We decide who owns an account based on the content of the creative projects in that account, and if multiple
people or entities are identified in the content, then we'll rely on the contact information listed for that account.
7. Monthly Plans
The cost for our monthly plan is posted on our Website and may be changed from time to time. If any part of a month is included in the Term,
then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed
up with us and made your first monthly payment (the "Pay Date"). Termination of any monthly plans is your responsibility. We provide
simple and easy ways to manage your monthly plan from within your account and expect you to use this functionality to cancel, upgrade, or
downgrade your plan. Monthly plans carry no long term commitment and can be canceled or reactivated at any time.
8. Credit Cards
As long as you’re a Member or have an outstanding balance with us, you'll provide us with valid credit card information and authorize us
to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information
for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card,
and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit
card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that's not laid
out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances.
We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
11. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide MyCreativeShop
(proprietary rights include patents, trademarks, service marks, and copyrights). You may only use our brand assets according to our Brand Guidelines.
12. Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material in your creative projects.
14. Template and Image Usage Rights
MyCreativeShop templates designed in the MyCreativeShop online editing software are not to be edited, modified, or to have graphic design elements
extracted and utilized in other graphic design applications. All editing and modification of the template is to take place within the MyCreativeShop online editor.
Any images that are provided for use in the templates, either by MyCreativeShop or by a third party provider, are licensed only for use within the MyCreativeShop
templates. This means images may not be extracted from MyCreativeShop templates via the use of any third party software. When you turn one of your projects into a PDF
file you have the right to print, distribute and share the PDF however you wish provided all other terms of this agreement are abided by.
15. Third Party Content
For Member's convenience, the Service may contain products, services, content and information from third party providers (such as advertisers and affiliates)
and/or links to their Websites ("Third Party Content"). Such Third Party Content is not under the control of MyCreativeShop and MyCreativeShop is not
responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. MyCreativeShop
is under no obligation, but does reserve the right in its sole discretion to pre-screen Third Party Content available on the Service. MyCreativeShop is
not responsible for, disclaims all liability for and makes no representations or warranties for any Third Party Content provided by others. MyCreativeShop
is providing such Third Party Content to Member only as a convenience. Member may be subject to additional and/or different terms, conditions, and privacy
policies when using third party products, services, content, software, or sites and agrees to comply with any and all end-user obligations or terms and
conditions imposed by the providers of such Third Party Content.
MyCreativeShop is not and will not be responsible for (i) the terms and conditions of any transaction between Member and any third party, (ii) any insufficiency of,
suspension of or problems with any such third party's service, background, insurance, credit or licensing, or (iii) the quality of any Third Party
Content provided by any such third party or any other legal liability arising out of or related to any Third Party Content. In the event that Member
has a dispute with any such third party, Member releases MyCreativeShop (and its affiliates, suppliers, agents and employees) from any and all claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services,
including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under
any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all
claims made about the Service in any month will be no more than what you paid us for the Service the month before.
17. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is.
That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of
merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make
that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us
harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did
something that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees
and any damages or other relief we may be awarded.
20. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you)
or other equitable relief.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to
any other individual or entity at our discretion.
23. Choice of Law
The State of North Dakota’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the
nd federal courts in Cass County, North Dakota, and each party will be subject to the jurisdiction of those courts.
24. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service,
from any cause beyond our control. This includes, but is not limited to, acts of God, changes to
law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents,
floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of
hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights
Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties,
Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little
as necessary, and the rest of the Terms will still be valid.
27. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website.
That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will
be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the
Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re
not giving up any rights under the Terms, and we may still take action at some point.
28. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
29. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any
notice to us will be effective when delivered to us along with a copy to our legal counsel: MyCreativeShop, 3002 32nd Ave. S, Suite 230, Fargo, ND, 58103,
or any addresses as we may later post on the Website.
31. Entire Agreement
supersede all prior agreements, representations, and understandings.
Congratulations! You’ve reached the end. Thanks for taking the time to learn about MyCreativeShop’s policies.