Terms of Services

Welcome to Pointup Creative! These terms (“Terms”) govern your use of the web sites, content and applications of Pointup Creative (the “Service”). Please read them carefully.

BY REGISTERING WITH US, AND EACH TIME YOU USE THE SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS.

1. About these terms. These Terms serve as a contract between you and us. These terms are in electronic form and have the same effect as an agreement in writing. We use the term “we” or “us” to mean Pointup Creative Ltd., and we use the term “you” or “your” to mean either you as an individual or the entity on whose behalf you are accepting these terms.
2. We may change these terms. We may change these Terms at any time. The changes take effect after we post the changes. If you don’t agree to the changes, you must discontinue your use of the Service before the changes become effective. Otherwise, the new terms will apply to you.
3. About the Service. You understand and agree that we may discontinue or change any aspect of the Service at any time. Our services are based in the United States and are not customized for use in any other country. You must comply with the laws of your jurisdiction when you use the Service. We may link to other sites, but these links do not mean that we endorse the content of such sites or that we take responsibility for their content.
4. Registration. If you register with us, you must be at least 18 years of age, you must provide us with true and accurate information about yourself and you agree to keep this information up to date.
5. License grant. We give you a personal, limited, non-transferable, non-assignable and non-exclusive license to access and use the Service for your personal use and subject to these Terms.
6. Restrictions. You may not, nor permit any other party to:
   
   • Copy, record, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of the Service and its content;
   • Export or re-export the Service or its technology and applications in violation of any United States export law or regulation;
   • Violate these Terms, applicable laws, or the rights of others;
   • Frame any of the Service’s Web sites, pages or other content;
   • Scrape or use any manual automated process to capture data or content from the Service and its databases; or
   • Attempt to gain unauthorized access, circumvent our registration process, or use any process to damage, disable, impair, or otherwise attack the Service or its network and computers.

   We may take any legal and technical remedies to prevent the violation of this provision and to enforce these terms.

7. Proprietary rights. We and our licensors exclusively own all intellectual property rights, title and interest in any materials, content, broadcasts, applications, Web site organization and designs, trademarks, trade names and logos on the Service.
8. Your content. If we offer any features where users may post content and comments, you grant us a non-exclusive, perpetual license to display, use, adapt and distribute your content on the Service. You agree that any content you post is original to you, or you have permission to post it, and that it does not infringe the rights of others. You may not upload, post or transmit any content that is defamatory, obscene, harassing, threatening, disparages races or religions, invades the privacy of others, or is, in our sole judgment, objectionable. We have no obligation to monitor or screen user postings and to remove such content, although we may do so in our sole discretion.
9. Term. Either you or we may cancel or terminate access to the Service and terminate these Terms any time without notice and for any reason.
10. Limitation of Liability. IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, REPRESENTATIVES, VENDORS, LICENSORS, OR VOLUNTEERS HAVE ANY LIABILITY TO YOU FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT LOSSES.
11. Disclaimer. WE PROVIDE THE SERVICE “AS IS.” WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
12. Indemnification. You agree to indemnify us, our parent, officers, directors, employees, agents, representatives, affiliates, licensors or volunteers from and against any loss, damage, liability or expense (including, but not limited to reasonable attorney’s fees) for any claim caused by your breach of your obligations under these Terms.
13. U.S. Government End Users. Any software products are “commercial items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “commercial software” and “commercial computer documentation,” as such terms are used in 48 C.F.R. § 12.212 (Sept. 1995) and 48 C.F.R. § 227.7202 (June 1995).
14. Privacy. You agree that we may collect and use data about you in accordance with our Privacy Policy.
15. General terms. You may not assign your rights or obligations under these Terms. We may assign these terms at any time. You and we are independent contractors of each other. If any provision of these Terms is held unenforceable by a court of law, the remaining terms of this agreement remain in force and effect. These Terms serve as the final and complete agreement between you and us regarding your use of the Service. These Terms shall be governed by, and interpreted under, the Laws of Ohio. The United Nations Convention on Contracts for the International Sale of Goods