Terms & Conditions

1. APPLICATION

If you decide to use any of the services provided by Creatity.com, you agree to fully comply with all of the following "Terms & Conditions" as described in this Document. If you do not agree to be bound by all of the following terms, please do not access, use or even link to the web service Creatity.com. These Terms & Conditions will hereafter be referred.

2. MOST CURRENT VERSION

The most current version of the T&C is available under the following web page: http://www.creatity.com/?action=termsConditions

Creatity.com may amend these Terms & Conditions at any time by posting a revised version on our website. A new revision of the T&C will be effective at the time it was published on our web pages. If a modification to the T&C occurs, all registered users will be notified via the e-mail address that was supplied during the registration process.

3. DEFINITIONS:

The words “we”, “us”, “our” and “ours” refer to Creatity Ltd., 1A Pople Street, London SE1 3PH, United Kingdom. By using “you”, “your” and “yours” we mean a user bound by these Terms & Conditions.

“User account” is a data record listed at Creatity.com, referring to you as a business entity (Customer, Seller, Viewer etc.).

A “Seller” is a registered user who is offering, selling, trading, distributing, copying or making accessible digital products or services on our Creatity.com web pages.

A “Buyer” is a registered user who has the ability/funds to buy products and services in our Creatity.com portal.

A “Viewer” is anyone with or without a user account. A Viewer is, in general, an individual opening or reading the web pages of Creatity.com.

4. RELATIONSHIP WITH CREATITY.COM

Creatity.com is a service provided by Creatity Ltd. that supports and helps you to trade digital content to other users in the Internet community.

It means that we provide you mainly with disk space, promotions, advertisements and a trading platform to sell, buy or exchange your digital data. By purchasing / buying any digital content on Creatity.com you are buying it from another user, who holds the rights (Copyright, Author rights, Ownership, respective License). Creatity.com does not, and cannot, verify these rights for you. It is your obligation to make sure what the subject of trading is, and what the exact subject is of every business transaction. Creatity Ltd. is not a bank and does not provide any licensed financial services.

5. GENERAL USAGE POLICY

Creatity.com pages are intended for a general audience. You can read our pages, download available content, upload your content, save data and perform every allowed activity as needed.

You explicitly agree that you will never try to damage our pages, data processing engine or related systems.

You also agree not to perform such activities on Creatity.com that would harm, insult or bother other users or administrators.

You also agree not to try to abuse someone else’s identity or make it appear as if activities or actions were performed by someone else. Use of registered and trademarks is not permitted unless you owe a permit or license that enables you to use it for commercial or non-commercial purposes.

You also agree to use our pages in conjunction with the laws of England and Wales, European Union regulations, international regulations and local regulations of the country where you are located.

You agree also that you will not perform a reverse code analysis.

If you find a security bug or vulnerability, you agree that you will not abuse this information. If you let us know about a bug or malfunction, we will show our appreciation by extending our services for your business, or on an individual basis by offering you a valuable reward.

6. CONDITIONS FOR TRADING DIGITAL CONTENT

Creatity.com is designed to make the trading of digital content easier. However, this service is subject to certain conditions and rules. These rules should protect you as well as Creatity Ltd. and other parties against trouble of various kinds, and make trading smoother for everyone who participates.

Bearing this in mind, you as a user declare that you comply with the relevant legal regulations and, in particular, declare not to infringe other parties’ rights to signs and rights under the law of competition. By placing any digital content on our web pages, you declare to possess the necessary copyright and permit to redistribute this content. Furthermore, you declare that this data does not harm any other third party and you are not breaking any legal regulation that might be in place. You also give to Creatity Ltd. the right to verify, store, advertise, process and sell this data in your name within our system, or even list links from this system pointing your product into other related systems (various search engines, for instance).

You fully agree that you must not upload the following content:

• Any erotic, obscene, or harassing content
• Data that violate any law, statute, regulation or limitation (including regional and national law, consumer protection, unfair competition, anti-discrimination or false advertising)
• Data from questionable sources where you cannot guarantee the origin
• Data that sends unsolicited email to a User or uses the services to collect payments for sending, or assisting in sending, unsolicited email to third parties
• Viruses, Trojan horses, worms, malware, adware and spyware, other programs, routines or data that may damage, destroy or harm our systems, as well as the systems of your potential customers.

As a Viewer, you agree that we might monitor, store and evaluate information originating automatically or manually from your browser. If we identify your session as dangerous, we will deny you access to our web pages.

As a Seller, you agree to sell, advertise, re-distribute or copy only data for which you have the appropriate rights. This means that you must own the copyright to the product you sell or distribute. If Creatity suspects that this is not the case, it might lead to temporary or permanent suspension of your account, or blocking and/or delaying of related transactions. You also agree that we might pass data related to your identity to investigative authorities (Police, Courts) or to the Buyer. As a Seller, you hereby acknowledge and agree to promote your product in such a manner that promotes honesty and fair play. You agree that you must not provide wrong, misleading or fake information in any of the listings and information you provide. You agree further that all the descriptions will be in English only.

As a Buyer, you can purchase items and products from our web page. All products (except for services offered by Creatity.com itself) are the products of third parties. It is your responsibility to verify the content, read the product description, and deal with the Seller if you intend to make a purchase. Creatity.com can assist you by providing you this portal, search engine, data store, credit system and related services.

We aim to provide you with a basic level of protection against fraud or wrongful trading. If, after purchasing a product, you find out that it does not match with the description in the listing, please let us know immediately. In cases where an obvious fraud or trickery is revealed we can cancel the transaction, but no later than two days after the transaction was committed to and processed. We encourage you also to write an honest and fair assessment about the product and transaction itself in the provided forms. This will indicate to the Seller how satisfied you are with the product and this will motivate him/her to improve the quality, if necessary.

This will also provide valuable information to other potential customers and members.

The following trading activities are limited, not permitted or banned:

• You must not sell products to yourself using accounts that are under your control. Some users may believe that this will increase the rating for the costs of transactional fees, but the moment we find this out, we will suspend all these types of accounts or penalise you by removing all of your ratings and comments we consider not to be genuine.
• You must not use bad language for assessing any of the products after you have purchased them. Please play fair and post comments that are truthful but not insulting or offensive.
• You must not display offers that look like they are intended for sale or purchase, but with a price that no one can really pay. Some Sellers might believe that displaying a product for several million euros might work as an eye catcher, but we consider such a listing as fake and misleading. This activity can be penalised by account deletion or suspension.

7. RETURN AND CANCELLATION

You must not order a product without fully intending to pay for it. If you know that you cannot or do not want to pay for products in which you are interested, you cannot physically order them from the Seller. In this case, the products will be put on hold for you until you perform the payment. You are required to pay the amount of money specified in the listing. As a Seller protection, we offer to assist to resolve such disputes by offering alternative payment methods. You can decide to cancel transactions made by a mistake. In this case it is essential that you have not downloaded this item yet. To cancel the transaction, please contact our support center. The cancellation fee is 5% of the original amount. If you performed the payment using MoneyBookers or PayPal there is also additional 1 Euro cancellation fee for every returned payment./p>

If you pay for an item and the downloaded product does not match by no means with its description and depiction you may request a discount or request to return your payment. In all cases please notify the seller of the item first to settle this situation and should there be no improvement made in next 7 days contact our support center. We will try to help you to resolve these disputes as a mediator. Please understand that we can return payments only in a time frame up to 3 weeks after a transaction had been made. After this time the item you purchased will be considered as accepted.

8. REGISTRATION

You may decide to register a user trading account on Creatity.com by signing in.

To open an account, you must be either an individual over 18 years old or a legal entity, fully and legally responsible and entitled to perform trading operations in your name.

As a first step, you provide us with basic data related to you (account name, first name, last name, address, e-mail address etc). All the data you provide here must be valid.

All visible information – account name, comments etc. – must not harm anyone’s rights, be obscene, or imitate any trademarks that you do not possess.

In the second step, we will send you a registration code (a phrase). You need to re-enter this code back on our portal in order to verify the validity of your e-mail address.

If we assume that you do not meet the conditions for registration, we may temporarily suspend your account, prevent you from using it or even terminate it. On demand, or in cases where we believe you are not the person/legal entity you claim to be, we might ask you to supply other additional proof of your identity.

9. CREATITY CREDIT SYSTEM

You may decide to perform financial transactions with us using our credit system. This system provides you with the flexibility to use your money efficiently for buying various products at Creatity.com. The system aims to help you to commit to small transactions and collect your earnings.

Any funds you transfer into or gain and collect using our Credit system and are not yet transferred to you or to the final recipient will be held in bank accounts or in third party e-money systems in order to finish the purchase.

This money is considered "money on the way" and you may keep this on our accounts only for a limited time for the purpose of committing to your business transaction.

We encourage you to withdraw your funds that are not intended for any immediate purchase to your bank account or the payment gateways that are currently supported (PayPal, MoneyBookers).

If you do not perform any transactions through your account for more than 18 months, we will transfer the current balance to your bank, PayPal or MoneyBookers account or, in special situations, send a cheque to the contact address you provided.

If you use our credit system, the following transaction fees apply:

Transferring money into the credit system using PayPal - 0%

Transferring money into the credit system using MoneyBookers - 0%

Transferring money into the credit system using bank transfer - 0%

Credit Withdrawal:

If you decide to withdraw credits collected on your account, the following charges are applied:

Payment Channel	Minimum Amount	Applicable Fee
PayPal	10 euros	1,8 euros + 20% of the amount
MoneyBookers	10 euros	1,5 euros + 20% of the amount
Bank Transfer EU	20 euros	3 euros + 15% of the amount
Bank Transfer SWIFT	100 euros	10 euros + 15% of the amount

All transactions are made in euro. If, for instance, you buy a product that is visibly listed in euros and your credit card is in USD, some additional fees may be incurred depending on your banking institute and payment option you choose. These fees are, however, out of our jurisdiction. The only currency used at Creatity.com for incoming or outgoing transactions is the euro.

Creatity Ltd. does not perform all these transactions immediately. For bank transfers, you can expect that they will be processed within approximately five business days. Outgoing PayPal and MoneyBookers transactions require manual verification and will be processed within two business days. We also reserve the right to dismiss, not allow or delay certain transactions in that the case where fraud, abuse, illegal transaction or doubtful fund transfers are suspected.

You acknowledge and agree that if Creatity Ltd. performs a wrong transaction, such as an overpayment, you will not keep the excess payment and transfer the difference back. Creatity hereby confirms that it will alike return excess payments or funds received as a result of wrong routing or errors.

10. LIABILITIES AND MISCELLANEOUS

10.1 NO LIABILITY FOR CONSEQUENTIAL DAMAGES

Creatity Ltd. shall not be liable for damage caused by the malfunction or temporary suspension of the Creatity.com portal, its related services, or a malfunction of the network or other components between you and our server.

Creatity Ltd. aims and wants to provide the best possible services to help you to promote digital products and to enable you to trade them and exchange with other users. We regularly review the functionality of the platform, and perform extensive testing and bug fixing. However, we can never guarantee that the technology, the computer system and the programs always work as we want and expect. No system is perfect or 100% safe. In relation with this, you explicitly agree that you use services provided by Creatity Ltd. at your own risk, knowing and keeping this in mind.

In no case shall we be liable for loss of profits, goodwill, business, contracts, revenue or anticipated savings, damage to image or reputation that might have been indirectly related, caused, or partly influenced by any of the services we provide.

By accepting these terms, you acknowledge and agree that Creatity Ltd. has no obligation to review, test or assess products, files, descriptions or information pasted on the Creatity.com portal by other users. We shall not be liable for damage caused by digital content, activities, or services provided by other users. Creatity Ltd., however, show due diligence on an individual basis, where manageable and reasonable, and perform verifications of the content provided by other users. If we suspect any dangerous data, we will take the necessary preventative actions.

In no cases shall Creatity Ltd. be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the product purchase delivery, performance or use of this portal, even if Creatity Ltd. has been advised of the possibility of such damages. In no event will the liability of Creatity Ltd., whether resulting from contract conditions, implicitly or explicitly or any other notion of liability, exceed the value of fees that you as a party paid to Creatity, and only up to a sum of 500 euros maximum.

10.2 SEVERABILITY

In the event of invalidity of any provision of these Terms & Conditions, the parties agree that such invalidity shall not affect the validity of the remaining portions of these Terms & Conditions nad that the invalid provision shall be replaced by a lawful provision having the valid proximate economic effect.

11. CHOICE OF LAW AND JURISDICTION

Your use of this site shall be governed in all respects by the laws of England and Wales, further on by the laws and regulations of European Union.

All disputes arising from the contractual relationship shall be settled at the Commercial Court of London.

You further agree also that every party shall pay their own individual fees or charges for attorneys, expert examinations, travel costs and other related costs that would be in relation with court proceedings.

Issued on: 1.5.2009