Creamayo Privacy Policy

Last updated: January 01, 2014

Privacy Policy

Content Policy

The Site and the Service is a free service for businesses, organizations and individuals to create and grow a professional online presence. Creamayo respects your rights and does not wish to censor any text, images, data, information, photos, music video, graphics, messages or other items or materials ("Content") contains you may post on the Site or in any User Sites. However in order to allow the continued posting of a wide variety of content, Creamayo has establish rules that certain types of content are not to be hosted by Creamayo and/or created using the Creamayo CMS as set forth in this policy (the "Content Policy"). Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by Creamayo in its sole discretion. The decision by Creamayo not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.

By using the Service, you agree that:

Creamayo takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Creamayo liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive Content you may encounter on the Site or in any User Sites. Your use of Interactive Areas and any User Sites is at your own risk. As a provider of interactive services, Creamayo is not liable for any statements, representations or Content provided by its users or other third parties. Although Creamayo has no obligation to screen, edit or monitor any of the Content posted by third parties, Creamayo reserves the right, and has absolute discretion, to remove, screen or edit any Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense. Violation of any part of the Content Policy may lead to immediate termination or suspension of your account and/or deletion of your Content and/or you may be reported to the appropriate authorities with or without notice to you.

If you post Content to the Site (including in a User Site), unless we indicate otherwise, you grant Creamayo and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content solely in connection with hosting your User Sites and otherwise providing and promoting the Site and the Service and exercising the rights granted in these Terms. You grant Creamayo and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site; (b) the Content is accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

Use and Storage

Materials uploaded to an Interactive Service may be subject to posted limitations on usage, reproduction and/or dissemination. Creamayo retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.

You agree that Creamayo has no responsibility or liability for the deletion of or the failure to store or to transmit any Content or Interactive Service maintained by Creamayo and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

Premium Services

Generally, creating up to two (2) sites is free. A website comes with 500MB storage and a limit of 5MB per individual file upload. On free Sites, Creamayo reserves the right to include the Creamayo promotional link on your Site. As a User, you can also purchase one or more Premium Services from us. Today, Premium Services include various options such as registering your own domain name, email for that domain, and one of our premium service bundles that contain one or more of: a top-level domain, additional tiers of storage, larger file uploads, access to premium styles, access to premium support, advanced analytics, and third party credits. The categories and prices of our Premium Services are described here and are subject to change from time to time. Creamayo may choose to temporarily change the fees for the Premium Services for promotional or new services, and such changes are immediately effective when Creamayo posts the temporary promotional event or new service on the Creamayo Platform. Any changes to fees for Premium Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on Creamayo.com. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Payment Generally

You are responsible for paying all fees and applicable taxes associated with the Premium Services in a timely manner with a valid payment method. You authorize Creamayo to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein "Payment Method") for all charges to your accounts with Creamayo. Your Payment Method will be charged the current fee for the Premium Service you choose on the date that you click on the "Purchase" button in the ordering process. Our offerings include Premium Services payable by recurring payments. You agree that Creamayo may automatically charge the fee to your Payment Method at the beginning of each recurring period (or up to 30 days prior to expiry for domains). For example, if you choose a Premium Service with a monthly plan, you will be billed every month on the anniversary date of the date you clicked the "Purchase" button. In the case of domains, you may be billed up to 30 days BEFORE your domain expires - this will vary depending on the Domain Registrar's terms of renewal (these terms are not governed by Creamayo). Additionally, we may offer a pre-pay payment option for payment of Premium Services ("Pre-Payment Plan"). If you opt for Pre-Payment plan, your Payment Method will be charged the then-current fee for that Premium Service at the commencement of each renewal period.

In all instances, you acknowledge and agree that any credit card and related billing and payment information that you provide to Creamayo may be shared by Creamayo with companies who work on Creamayo's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Creamayo and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Creamayo all charges incurred under your account for any Premium Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Premium Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Creamayo may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Creamayo reserves the right to either suspend or terminate your Premium Services or your account with Creamayo, including deletion of your Website from Creamayo.com. Except as may be set forth herein, any fees charged to your account are non-refundable. Payments made with boleto bancario are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Creamayo within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Creamayo.

 

Cancellation Policy

Your membership to our Premium Services will continue until you cancel your subscription. Cancellations will occur at the end of the agreed subscription period. Unless otherwise provided by our Money-Back Guarantee, we provide no refunds for partial unused months. This cancellation policy applies to all Premium Services EXCEPT DOMAINS. Please see "Domain Terms" for more information. Local Boost users and Creamayo Gold users who use the Local Boost service are also not eligible for refunds and are subject to a cancellation fee for cancellations that occur during the first month of service.

To cancel your Premium Service, visit your profile page in My Creamayo.

Taxes

You are responsible for paying any governmental taxes imposed on your use of Creamayo.com, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Creamayo the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. To the extent that Creamayo is obligated to collect such taxes, the applicable tax will be added to your billing account.

Updating of Sites

You agree to actively maintain and to update any User Sites you create on a regular basis. Failure to log into the Service or to update a User Site for more than 1 year, may result in Creamayo removing or disabling access to such User Site, and will result in the expiry of any unused credits.

Money-Back Guarantee

Creamayo provides both free and paid services to Users. Most paid services include a 30-day money-back guarantee, except payments made with boleto bancario are non-refundable. If you are dissatisfied with your service for any reason, you will receive a refund if you cancel your paid services within 30 days of the activation of your account. The 30-day money-back guarantee does NOT apply to domain name registration, other domain name services, Creamayo Premier, Creamayo Local Boost, Creamayo Gold, Fotolia Image credits, and for already redeemed credits. Once you register your domain name or apply your domain credit, it cannot be "returned" until the duration of the domain term has expired. However, we can assist you in transferring or pointing your domain to the host of your choice. The amount of your refund will be the price of the paid service you purchased from Creamayo minus domain name registration fee and overage charges, and minus the value of any redeemed credits. If the value of the credits you have redeemed exceeds the price of the paid service, then you will not receive a refund.

Monitoring; Privacy

Creamayo reserves the right, but is not obligated, to monitor the use of it's servers and related content within user accounts, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For information as to how we collect and use personal information we collect on this Site, please see our Privacy Policy.

By using the Creamayo CMS and/or the Creamayo Web Site, you consent to any transfer of personal information, collected by Creamayo, outside your country for the purposes of storing the information where Creamayo and/or its agents maintain their facilities.

You are responsible for protecting and enforcing your rights in and to any Submissions. No compensation will be paid with respect to the use of your Submission, as provided herein. Creamayo is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Creamayo.

Intellectual Property Rights

You acknowledge that Creamayo owns all right, title, and interest in and to the Site, the Creamayo CMS and/or any content on the Site not posted by a Creamayo User and/or an acknowledged third party, including all intellectual property rights (the "Creamayo IP"). Creamayo IP is protected by United States of America, South African and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Creamayo Web Site or Creamayo IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Creamayo Web Site or Creamayo IP.

Indemnification

You agree to hold harmless and indemnify Creamayo and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the Creamayo CMS, the Service and/or Creamayo Web Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Limited Warranty

CREAMAYO DOES NOT WARRANT THAT THE SITE, THE SERVICE, THE CREAMAYO CMS OR ANY USER SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE, THE SERVICES, AND THE CREAMAYO CMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE SERVICE AND THE CREAMAYO CMS IS WITH YOU. SHOULD ANY OF THE FOREGOING PROVE DEFECTIVE, YOU (AND NOT CREAMAYO, INC., ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Liability Disclaimer

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CREAMAYO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

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

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

Service Contact

support@creamayo.com

Termination/Access Restriction

Creamayo reserves the right, in its sole discretion, to terminate your account and your access to the Site, the Creamayo CMS and the Services, or any portion thereof, and to remove or block access to any User Site or any User Content at any time without notice for any reason (including without limitation for failure to update and maintain User Sites, unacceptable Content or for any violation of these Terms) or for no reason.

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