Creamayo Terms of Service

Last updated: January 01, 2014

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE. These terms of service ("Terms") apply solely to your access to, and use of, the Web site of Creamayo, located at www.creamayo.com (the "Site") and the web development and hosting tools and services accessed through the Site as more fully described below (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Creamayo, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Creamayo for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits. Creamayo may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, Users should consult the Terms regularly. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.

Description of Services

The Services include various online website development tools and web applications operated and hosted by Creamayo to enable you to create and publish websites - hereafter referred to as the "Creamayo Content Management System (CMS)". The user/client of the "Creamayo CMS" will be known as "you". The Services also includes web hosting services for the websites you create through the Site.

User Sites

Creamayo enables users to create and publish websites that are hosted by Creamayo ("User Sites"). Creamayo does not approve or control such User Sites and does not routinely review or monitor such Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT CREAMAYO IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE. The hosting of any User Site does not imply endorsement or sponsorship by Creamayo or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with Creamayo. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of Creamayo to imply any sponsorship, affiliation, or relationship between you and Creamayo other than that Creamayo is hosting your User Site.

LICENSE

You are granted a limited, non-sublicensable license to access and use the Site and the Creamayo CMS solely in connection with the creation of websites hosted on this Site. The Site and the Creamayo CMS are licensed from the owner Evomaya, an Indonesian company located in Central Jakarta subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the Site or the Creamayo CMS; (b) modifying or otherwise making any derivative uses of the Site and the Creamayo CMS, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Site or the Creamayo CMS except as expressly permitted on the Site; or (e) any use of the Site or the Creamayo CMS other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Creamayo, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You assume responsibility for the selection of the Site and the Creamayo CMS to achieve your intended results, and for the installation, use, and results obtained therefrom. Creamayo reserves the right to modify, suspend, or discontinue the Site or the Creamayo CMS with or without notice at any time and without any liability to you.

Creamayo reserves the right to refuse service to anyone at any time with or without notice for any reason.

Beta Version Notice

Creamayo is currently released in Beta for use by registered users only. YOU ACKNOWLEDGE THAT THE SITE, THE SERVICE AND THE CREAMAYO CMS ARE IN BETA FORM AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND CREAMAYO DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR THE AVAILABILITY, SECURITY, OPERATION, AND RELIABILITY OF THE SITE, THE SERVICE AND THE CREAMAYO CMS.

User ID and Sub-Domains

To gain access to the Creamayo CMS and the functionality of the Creamayo CMS and to create a User Site, you will be required to register an email and password. The email and password may only be used by you. You will be responsible and liable for all activities occurring under your account and for keeping your password secure.

As part of the Creamayo CMS and the Services, Creamayo also offers registered users free use of Creamayo sub-domains (ex: [subdomain].creamayo.com) ("Creamayo Subdomain") on the terms set forth herein for the sole purpose of hosting their websites. Creamayo retains all rights to and over any Creamayo Subdomains and has the right to revoke or suspend the use of any sub-domain at any time without reason.

You agree that all such Creamayo Subdomains are owned by Creamayo, are nontransferable and that Creamayo may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and Creamayo Subdomain, and remove or discard any content associated with your account and username.

Links to Third Party Sites

The Site, the Creamayo CMS and User Sites (including under Creamayo Subdomains) may contain links to third party websites, including links to User Sites, third party text, video feeds (podcasts), offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by Creamayo and Creamayo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Creamayo is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. Creamayo is providing these links to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by Creamayo of the site or any association with its operators. You acknowledge and agree that Creamayo may disable your use of or remove any third party linked sites on Creamayo or a Creamayo Subdomain to the extent that they violate these Terms.

Similarly, the Creamayo CMS may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the Creamayo CMS dependent on the external component; or the Creamayo CMS may be completely dependent on the external component for operation. In any case, Creamayo makes no warranties, claims, or provision for any third party components.

You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are represented on your Creamayo Subdomain.

User Conduct

You agree that you are responsible for your own use of the Site, the Services and the Creamayo CMS, for any User Sites you create or operate, for any posts you make and for any consequences thereof. You agree that you will use the Site, the Services and Creamayo CMS and create and operate any User Sites in compliance with the rules set forth in these Terms (including without limitation the Content Policy set forth below), and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.

As a condition of your use of the Site, the Creamayo CMS, and the Services, you warrant to Creamayo that you will not use the site, the Creamayo CMS or the User Sites you create for any purpose that is unlawful, deceptive or otherwise prohibited by these Terms. You may not use the Site, Creamayo CMS or the User Sites you create in any manner that could damage, disable, overburden, or impair the Site or the Creamayo CMS or interfere with any other party's use and enjoyment of the Site or the Creamayo CMS. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the Creamayo CMS.

The Site or any User Sites you create may contain bulletin board services, chat areas, news groups, forums, communities, personal and commercial web pages, calendars, podcasts, and/or other message or communication facilities designed to enable you or others to communicate with the public at large or with a group (collectively, "Interactive Services"), you agree to use the Interactive Services only to post, send and receive messages and material that are appropriate and related to the particular Interactive Service and in accordance with the Creamayo Content Policy and these Terms and applicable law.

Much of the Interactive Services found on the Site and in User Sites is provided by, and is the responsibility of, the person or people who made the postings. Creamayo does not routinely monitor the Interactive Services or any User Sites and takes no responsibility for such content (including, without limitation, any viruses or other disabling features). Creamayo merely provides access to and hosts such content as a service to its customers. Creamayo does not endorse, support, represent or guarantee the truthfulness, accuracy, functionality, security, legality, quality or reliability of any communications or content posted via the Site or User Sites or endorse any opinions expressed via the Sites or any User Sites Creamayo CMS. You acknowledge that any reliance on material posted via the Service will be at your own risk.

Although Creamayo is not obligated and does not routinely screen or monitor any user content or messages or any User Sites, it reserves the right at all times to do so and to remove, block access to or refuse to post, display or distribute any content or materials or any User Site for any reason or for no reason in its sole discretion. Creamayo reserves the right to terminate your access to the Site, the User Sites and any or all of the Interactive Services, and to remove or disable access to any User Sites or user content, at any time without notice for any reason whatsoever (or for no reason).

Creamayo reserves the right at all times to disclose any information as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of Creamayo, its users and the public.

Always use caution when giving out any personally identifying information about yourself or your children in any Interactive Service or on any User Site. Personal information provided in connection with any User Site is collected by the third party operating such User Site, and not Creamayo. The Creamayo Privacy Policy does not apply to, and we are not responsible in any manner for, any information you provide to third parties in connection with User Sites or how the third parties who operate such User Sites may use the personal information you provide to them. Such information is subject to the privacy practices of such User Site, and we encourage you to become familiar with their privacy practices before disclosing information directly to them. Creamayo does not control or endorse the content, messages or information found in any Interactive Service or User Site and, therefore, Creamayo specifically disclaims any liability with regard to the Interactive Services and any actions resulting from your participation in any Interactive Service or your use of any User Site. Managers and hosts are not authorized Creamayo spokespersons, and their views do not necessarily reflect those of Creamayo.

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 50MB storage and a limit of 500KB per individual file upload. On free or Premium 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. 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 and Indonesian Rupiahs.

Payment Generally

You are responsible for paying all fees associated with the Premium Services in a timely manner with a valid payment method.

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. 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. We provide no refunds for partial unused months.

To cancel your Premium Service, contact us at support@creamayo.com.

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.

Domain Terms

Domain registration is brought to you through a partnership with OpenSRS/Tucows/Dreamhost and Network Solutions. Purchasing a domain through Creamayo means you agree to the OpenSRS/Tucows registration agreement which can be seen here. You are the legal owner of the domain registration. For more information on registrant rights and responsibilities, please view the ICANN 2009 Registrar Accreditation Agreement. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you agree to pay all such taxes, levies, or duties, excluding only United States (federal or state) taxes. We will make reasonable efforts to contact you before your registration period expires and provide you with the option to renew your domain registration. If we are unable to contact you using the information you provide, Creamayo shall not be liable for loss of the domain. Creamayo reserves the right to change its prices at any time.

You can not return or exchange your domain, all sales are final.

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 Indonesian 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.

Consent to Disclose Information

You acknowledge, consent and agree that Creamayo may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Creamayo, its users and the public. Please see our Privacy Policy for more information on how we may use and disclose your account information.

Copyright

All Content and other material on the Site and the Creamayo CMS are the proprietary property of Creamayo or its licensors or users and are protected by international copyright laws. All rights not expressly granted in these terms are expressly reserved.

Trademark

CREAMAYO, the Creamayo logo, and any other product or service name or slogan contained in the Site are trademarks of Creamayo and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Creamayo or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Creamayo", or any other name, trademark or product or service name of Creamayo without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Creamayo and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that anything on the Site or the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to support@creamayo.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Creamayo has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Creamayo, subscribers or account holders who are deemed to be repeat infringers. Creamayo may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Creamayo, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Creamayo.

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