1. ACCEPTANCE OF TERMS AND MODIFICATION OF AGREEMENT
Creativefolks.net is an online job marketplace that provides a means for sellers and buyers around the world to collaborate for mutual benefits on things they can do for $5 to $500dollars. Individuals in need of skilled help for short or long-term jobs can order those pros and agree to the terms by allowing sellers to complete the work on a specified date or time. Creativefolks.net provides instant access to thousands of gigs with detailed descriptions, without any call for an advertisement, provision for work space, insurance, or others. By using any of the services provided by Creativefolks.net at any time, you are accepting and abiding by the conditions contained in the TOU. In addition, you agree to abide by the guidelines provided to all Creativefolks.net users, which may change from time to time. If you do not agree with the terms and conditions (TOU), any guidelines, or any future amendments to the TOU at any time, you should immediately discontinue use of Creativefolks.net. Creativefolks.net reserves the right to change or modify the TOU at its discretion without your consent.
You are responsible for checking the TOU update and as you continue to use Creativefolks.net following any subsequent changes, you agree to abide by any of the changes. http://www.Creativefolks.net/about/terms.html. Despite Creativefolks.net efforts to provide excellent services, any errors may result from time to time. You are highly advised to read any classified ads, job posting and other services before dealing with the individual or companies. Creativefolks.net is not accountable for any losses or errors that occur during any transaction between two parties, and do not make any warranty or endorsement regarding any services being posted on Creativefolks.net. If any situation that errors or losses arise from a doubtful transaction between you and another user of Creativefolks.net, we cannot and will not be held responsible because we have no control over the services or sales provided by sellers.
2. Creativefolks.net CONTENT
You understand that all posting of ads, video, data transfer, images, messages, text, files, sounds, or other materials ("Content") posted on Creativefolks.net, whether publicly or privately transmitted services are the sole responsibility of the individual/group from whom such Content originated. You are completely responsible for each individual product or services you post, email or other services made accessible to the public. You understand that under no circumstances would Creativefolks.net control, or be held responsible for any postings made available through the Service we provide, and that by using our site, you may be exposed to Content that is unpleasant, offensive, imprecise, ambiguous, or otherwise intolerable.
3. THIRD PARTY WEBSITES:
Creativefolks.net site and Content may include links to other websites, which are entirely independent of our website. Creativefolks.net does not provide any warranty to the authenticity or the accuracy of the contents in any of these websites. If you choose to visit other websites, we are not responsible for the Privacy Practices or content of those other websites, and it is your responsibility to review the Privacy Policies at those websites to confirm that you understand and agree with their policies. You are responsible for any action, virus, or errors that might occur for visiting any other websites. You accept that you must bear all risks obtained or associated with the use of other website contents. You understand that Creativefolks.net does not pre-screen or approve Content before they are posted, but do have the right, but NOT the obligation to decline, remove or delete any unsatisfied posting that is available through the use of Creativefolks.net Service, for infringing the conditions of the TOU. Creativefolks.net permits you to display on your website, or create a hyperlink on your website to individual postings on the Service as long as such use is for noncommercial and/or news reporting purposes only.
4. TRANSACTIONS BETWEEN BUYERS AND SELLERS:
Through the Site Creativefolks.net provides an electronic web-based platform for exchanging information/Service between buyers and sellers of products and services. Both sellers and buyers should note and understand that Creativefolks.net do not sell services or products directly and never a party to any transactions between buyers and sellers. Creativefolks.net does not charge any commissions from completing any transactions. As a result, we do not guarantee or ensure for the quality, safety, lawfulness or availability of the products or any services between sellers and buyers. Also, Creativefolks.net do not collect or process payments on the behalf of the sellers and buyers or warehouse, store, ship or deliver any products, services or vehicles to destination. Your contacts or interactions with companies or organization and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely at your own risk and it is between you and such companies or organizations and/or individuals. You should make whatever researches you feel necessary or appropriate before engaging with any online or offline transaction with any of the registered users. You agree that Creativefolks.net shall not be liable or responsible for any loss or damage of any sort resulting as the result of any such dealings. If there is a dispute between participants on this site, or between registered users and any third party, you understand and agree that Creativefolks.net is under no obligation or contracts to become involved or contacted. YOU ARE HIGHLY ADVISED TO TRADE LOCALLY OR DOMESTICALLY, NOT INTERNATIONALLY
5. NO GUARANTEE OF RESULTS DURING TRANSACTIONS.
(A) Creativefolks.net do not provide the services of an employment agency or a recruiting firm, and provide no warranties regarding the competence or timeliness of the Site in meeting the employment goals of Users. Creativefolks.net does not guarantee that documents posted by the recruiters or employers will result in applicants or job seekers being hired for a position, and is not accountable for any employment predictions or decisions. Creativefolks.net is not liable and should not be held responsible for whatever reason made, made by any employer or recruiter.
B). Users are strictly advised and warned that there may be risks of dealing with people or group of people operating under false charades. Creativefolks.net do not validate or assure the accuracy of the information our users provide to us when they register on the Site. However, because users' authentication on the Internet is difficult, Creativefolks.net cannot and does not verify each User's claimed identity including, without limitation, Basic members, Economic members and Corporate members). We encourage you to use help tools and frequency asked questions available on the Site, as well as common sense, to evaluate with whom you are dealing.
C) Each User fully agrees and accepts that it is assuming the risks of purchase, service and sale transactions when using the Creativefolks.net to conduct any transactions, and that it is fully assuming the risks of liability or harm of any kind encountered with subsequent activity of any type involving products or services that are the issue of transactions using the Site. Such risks shall include, but are not limited to, fraudulent schemes, unsatisfactory quality, parody of products and services, unlawful products, failure to meet product specifications, defective or dangerous products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and shipping accidents. Such risks also include the risks that the manufacture, distribution, importation , offer, display, purchase, sale or use of products or services offered or posted on the Site may infringe or may be affirmed to violate Third Party Rights, and the risks that User may sustain such as costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in relation with any claims by any party that they are free to defense or indemnification in connection to declaration of rights, demands or claims by Third Party Rights petitioners. All of the preceding risks are henceforth collectively as "Transaction Risks." Each User acknowledges that Creativefolks.net shall not be legally responsible for any costs, damages, liabilities, business disruptions, harms, inconveniences or expenditures of any kind that may occur or in connection with any Transaction Risks.
D) Users are completely liable for all of the terms and conditions of the transactions conducted as a result of use of the Creativefolks.net site, including, without limitation, terms regarding handling, payment, damages, warranties, insurance or no insurance, transportation and storage, fees and taxes, licenses, title, permits etc.
E) Creativefolks.net reserves the right to respond and will promptly process and investigate, but not a MUST to the event that any User encounter dispute with any party to a transaction. Such User agrees to release and indemnify Creativefolks.net (and our agents, directors, officers and employees) from all claims, proceedings, demands, actions, costs, expenses and damages arising out of or in connection with such transaction.
E.1 Each User who has registered on the Creativefolks.net by providing its information (such as name, address, telephone and fax number (if any), email address, details of its business.) is a registered member of Creativefolks.net. We will create an account for each Registered User and each Registered User will be provided with User ID and password to be able to have access to its own Account
E.2 Creativefolks.net will provide a free web-based email account to its registered users with limited storage space for the users to send or receive email. The User of the assigned email account should be liable and responsible for all users and the content of all the messages transmitted through the Email Account, as well as all outcomes of any such messages.
E.3 If the User of the email is a business body, you stand for that (a) you have the authority to bind the entity to this Agreement; (b) every information, address, name, telephone number, website address, fax number etc that you provided during the registration process is true, accurate, current and complete primary place of business or industry.
E.4. By signing up as a Registered Member, you give approval to the inclusion of your personal data in our directory Database and authorize Creativefolks.net to share such information with other Users.
E.6 The Registered User of Creativefolks.net shall not use the Email Account for unlawful practices such as scam, fraud other members, chain letters or spamming or harassing, abusive, threatening, harmful, vulgar, obscene or otherwise offensive material of any kind or nature. In addition, the owner of the email account shall not use the Email Account to distribute, transmit or circulate any unsolicited advertising or promotional information or any kind that is offensive, revolutionary, defamatory, threatening, or which stimulates or results in causing racial hatred, discrimination, threat or breach of confidence.
E.7 A Registered User may NOT offer to sell, attempt to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Creativefolks.net. Creativefolks.net may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section. However, Creativefolks.net may decline registration and refuse the issuance of an Account and associated User ID and Password to any User for any reason.
6. POSTING OF INFORMATION ON Creativefolks.net
You must be a Registered User in order to post information on the Site using post info, edit tools provided through the Creativefolks.net. As a Registered User you agree to bind by and be governed by the provisions of Section E. 1- E. 7 above.
F 1 Users of Creativefolks.net should understand that No sales agency relationship is formed between any User and Creativefolks.net, officers or employees, our affiliates (if any), or directors by any virtue of Creativefolks.net's posting of the User's information on the Site.
F 2 Each User of Creativefolks.net hereby represents warrants and agrees to (a) provide Creativefolks.net with true, accurate, current and complete information to be posted on Creativefolks.net and (b) retain and promptly revise and make changes to all information to keep it true, accurate, current and complete. Each User grants an irreversible, perpetual, global and royalty-free, sub licensable license to Creativefolks.net to post and make use of all information supplied by such User in accordance with the purposes set forth in this Agreement and to implement the copyright, publicity, and database rights you have in such material or information, in any identified media or unidentified future media
F 3 Each User hereby represent warrants and agrees that it has acquired all basic third party copyright, trademark trade or patent licenses and permissions, or such other licenses as may be necessary in relationship with any other personal or proprietary rights of any third party, including but not limited to rights of personality and rights of privacy. As a user you agree to abide by the agreement that any material or information you post on Creativefolks.net or presented to us, you authorizes Creativefolks.net to publish that publicly. Each User hereby represents warrants and agrees that you shall be completely liable and responsible for ensuring that any material, products or information you display or post on Creativefolks.net does not violate any Third Party Rights, or appropriate permission of the owner(s) is obtained before the post. You as a user hereby represent warrants and agree that you have the right, authority to manufacture, offer, sell, import and distribute the products, services from any registered user here (USA )and abroad. That such transactions, offer, sell, distribute, import is at your own risk and do not violate Third Party Rights.
7. REPRODUCTION OF SOFTWARE AND COPYRIGHT:
You understand that all software programming, including HTML, without any limitation and other susceptible code and languages contained or used in Creativefolks.net (collectively, "Software"), is property of Creativefolks.net and is protected by copyright laws and other intellectual property laws, including international treaty provisions. Any alteration or unauthorized access to, copy, reproduction, redistribution, publication, parade or other use of the Software is specifically prohibited by law and can lead the violators into severe civil and/or criminal penalties. Anyone violating this will be prosecuted to the utmost degree. Creativefolks.net reserve the right to respond to claims of intellectual property infringements, and will promptly screen, process and investigate notice of any suspected infringement and take proper actions.
8. Creativefolks.net'S CODE OF CONDUCT:
1. That includes personal or identifying information about another person without that person's unequivocal agreement and/or approval;
2) That is illegal, detrimental, abusive, threatening, harassing, defamatory, invasive of another's privacy, and/or is unsafe to minors including materials/information like pornographic or an image that portrays an actual human being involved in exact sexual conduct including but not limited to masturbation, and/or unpleasant display of the genitals or private part(s) of any individual such as sexual intercourse, including oral-genital, or oral-anal whether between individuals of the same or opposite sex.
3) That violates federal, state, or local government equal employment opportunity laws, including but not limited to, posting any ads for service and/or employment preference or constraints based on race, disability, color, religion, sex, age, or national origin.
4) That contains software viruses or any other computer code, files or programs designed to collect, disrupt, or destroy the functionality of any computer software or hardware or telecommunications equipment
(5) That violates the Fair Housing Act, any state or local law prohibiting discrimination on the basis of uniqueness by stating or posting any notice, service or advertisement for the sale or rental of any residence, a discriminatory preference based on race, color, national origin, religion, sex, and handicaps
5) That represents or includes, but not limited to "link referral code," "affiliate marketing," "spam," "chain letters," "junk mail," or otherwise any unsolicited commercial ads
6) That violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or green card status as a condition for employment, unless otherwise required in order to comply with federal, state and/or local laws, government contracts, executive orders and regulations.
7) That impersonates any individual or body, including, but not limited to, Creativefolks.net employees or agents, contractors, affiliates (if any) of our company, or wrongly states or otherwise lie about your affiliation with an individual or entity of unknown user(s).
8) That violates any copyright or trademark and other proprietary rights of any party, or Content that you do not have permission to create and/or distribute to other users under any law or under agreement relationships; that is false, mis-informative, misleading, fraudulent, or represents the idea of "bait and switch"
9) That constitutes or contains any links to commercial services or web sites, except during the provision of our "services" or any deceptive forged headers of email addresses, or otherwise maneuvered identifiers in order to disguise the origin of Content conveyed through the Service
10) That disrupts and/or stops the regular flow of dialogue with an unnecessary amount of Content to the Service, or that otherwise harmfully influences other users' ability to use the Service
Also you agree not to:
11) Use any form of automated device or computer program (collectively "flagging tool") that facilitates the use of Creativefolks.net "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to eliminate posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
12) Post the same item or service in more than one category or in more than one city or continually post irrelevant Content, the same or similar Content or otherwise impose an irrational or excessively large load on our infrastructure
13) Stalk or otherwise harass anyone in Creativefolks.net using our service or think and/or contact anyone who stated not to be contacted whether through email or phone calls.
14) Make unsolicited contact with any user for any commercial and illegal basis or apply or use robotic means to download Creativefolks.net data from the Service, unless otherwise typically permitted by Creativefolks.net
15) Engage or practice any activity that interrupts, diminishes the quality of, obstructs with the operation of, or hinders the performance of, the Service or the Creativefolks.net website; or challenges or attempts to gain unapproved entrance to Creativefolks.net computer systems
16). Use any form of automated devices or computer program or code that allows the submission of postings on Creativefolks.net without each posting being manually entered by the user thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in mass volume, or for automatic submission of postings at regular intervals
9. Creativefolks.net FORUM DISCUSSION AND POSTING:
Creativefolks.net may offer bulletin boards, message boards, chat rooms or other forums (collectively, "Forums") to give and provide users with necessary info about trading online, how to sell online, safety, hints about identity theft etc. Users of these boards or forums are allowed to express their opinions and share their ideas.Creativefolks.net and its Affiliates (if any) do not guarantee the accuracy or trustworthiness of any information, advice, opinion, statement posted on these Forums. Please be advised to use your best judgment, and be respectful of other members using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Service. You may not use the Creativefolks.net Forums to engage in any Illegal activities or discussions. Uploading copyrighted or other proprietary Material of any kind on the Site without the permission of the owner(s) of that Material is prohibited and may result in civil and/or criminal charges.
10. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If users of Creativefolks.net believe that your work, information, materials, pictures, title or sub- title, files, postcards etc has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Creativefolks.net agent for notice of claims of copyright or other intellectual property infringement ("Agent"), by using the contact us form below
Please be ready to provide our Agent with the following:
1) Your address, telephone number and fax number (if any), date and time of contact and email address
2) The complainant physical or electronic signature if filed online
3) Identify and provide details of the material on the Creativefolks.net site that you're or claiming is infringing, without any alteration so that Creativefolks.net agent can easily locate it on the website
4) A statement by you that you are confident and have a good faith belief that the disputed use is not endorsed by the copyright owner, its agent, or the law
5) A statement by you stating under penalty of perjury that (a) the information you provided above in your Notice is true, accurate, and complete to your best of knowledge (b) that you are the owner of the copyright interest involved or that you are allowed to act on behalf of the person concerned.
NOTE: Creativefolks.net will not attempt or remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). For information about DMCA visit DMCA.org
11. SERVICE LIMITATIONS:
You acknowledge and agree that Creativefolks.net may provide limits pertaining to use of the Service, as well as the number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the regularity with which you may use the Service. You agree that Creativefolks.net has no guarantee or legal responsibility for the removal or failure to store any Content maintained or transmitted by the Service. You admit and/or accept that Creativefolks.net reserves the right at any time to amend or stop the Service (or any part thereof) with or without notice and that Creativefolks.net will not be responsible for any damage to you or to any third party for any amendment, suspension or discontinuance of the Service.
12. PRIVACY AND INFORMATION DISCLOSURE:
12. NO SPAM POLICY:
You acknowledge and agree that any unlawful use of Creativefolks.net computer systems in distributing, transferring or sending unsolicited email, ads to Creativefolks.net email addresses or through Creativefolks.net computer systems, which is specifically prohibited by their Terms is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act 18 U.S.C. 1030 which states the knowingly obtained 2) Access to a computer; 3) Without authorization; 4) to obtain information; 5) From a protected computer; and 6) said conduct involved Interstate or foreign communication. These are punishable under civil and/or criminal penalties.
13. PAID POSTINGS:
You acknowledge and agree by the posting policy/rules listed below.
Creativefolks.net may charge users a fee of two dollars to maintain the site when buying a gig in any countries, while other gigs that is featured for a fixed amount of one dollar. The fee is an access fee allowing a number of Content/services to be posted in a designated area. You buying service/gigs in these charged areas agree to take full responsible of the payments. Each party buying gigs or service on Creativefolks.net Service is liable and/or responsible for said price and abides with the TOU. All fees paid will be non-refundable in the event that Content is removed or you are terminated from the Service for violating the TOU. In any case work is/are not delivered, your account will be put on hold or permanently terminated for your access with a written notice to the email address provided and vice versa. Remember that when a buyer orders one of your gigs, they will be required to pay for the gig in advance.
14. TERMINATION OF SERVICE:
15. PROPRIETARY RIGHTS:
You agree that the Service and other Creativefolks.net computer software (collectively "Software") hold or contain some proprietary and private information specifically governed, enforced and protected by intellectual property and federal, state or local laws. Further, you agree that Content provided to you through the Service is protected by copyrights laws, trade-marks, and international conventions. Any alteration, reproduction, and transferable of copied works from the site, whole or any part thereof to any other computer servers or locality is highly prohibited without a written consent of Creativefolks.net. You further acknowledge and agree not to duplicate, copy or reproduce Content from the Service without a written consent of Creativefolks.net and you may not attempt, reverse or practice any awful ways to discover any source code used in the Service. You understand that Creativefolks.net does not have possession of posted content displaced in any public location of the service. You permit, represent and warrant Creativefolks.net the authority to copy, execute, exhibit, and distribute said Content and you authorize Creativefolks.net all permission or right to prohibit any consequent display, copying, reproduction and/or the abuse of the Content on the Service by any party for any reason.
16. DISCLAIMER OF WARRANTIES:
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE Creativefolks.net SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Creativefolks.net SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY TYPE. Creativefolks.net AND RESPECTIVE AFFILATES IF ANY SPECIFICALLY DISCLAIM ANY OR ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT.ALL CONTENT USED IN OUR SERVICE ON THIS SITE IS PROVIDED BY SELLERS OR OTHER THIRD PARTIES. BY LAW Creativefolks.net AND ITS AFFILIATES IF ANY DISCLAIM ANY WARRANTIES FOR THE SECURITY OF OTHER SERVICES, INFORMATION, CONDITION OF GOODS AND SERVICE ADVERTISED OR RECEIVED THROUGH THE SITE, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Creativefolks.net SITE AND THE SERVICE RECEIVED THROUGH THE SITES OR SERVICE OR TRANSACTIONS ACCESSED THROUGH ANY LINKS ON THE Creativefolks.net SITE. Creativefolks.net DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Creativefolks.net SITE OR THE SERVICE. ANY AND ALL CONCERNS, DIFFERENCES OR DISCREPANCIES REGARDING ANY SERVICE MUST BE ADDRESSED WITH THE SELLER/ADVERTISER PRIOR TO THE TIME OF SERVICE. EXCEPT AS EXPRESSLY SET FORTH IN THE TERMS AND CONDITIONS, Creativefolks.net DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE LISTING SERVICE INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT YOU WILL OBTAIN ALL THE SERVICE YOU NEED, OBTAIN AN ACCEPTABLE ANSWER TO YOUR SEARCH OR SERVICES, ONLY RECEIVE LEGITIMATE INQUIRIES OR RECEIVE ANY INQUIRIES REGARDING YOUR POSTING/SERVICE. FOR PURPOSES OF THIS WARRANTY DISCLAIMER, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
17. LIMITATIONS OF LIABILITY:
Creativefolks.net AND ITS AFFILIATES (IF ANY), EMPLOYEES, CONTRACTORS AND LICENSORS IN NO CONDITION, EVENT AND SITUATION SHALL BE LIABLE FOR ANY DAMAGES OR LOST INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, RESULTING FROM OR CAUSED BY THE Creativefolks.net SITE, CONTENT, THE LISTING SERVICE, THE COMPUTER SOFTWARE, OR THE MATERIALS, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING WITHOUT LIMITATION, DAMAGES CAUSED BY CARELESSNESS OR NEGLIGENCE.) OR THE DMAMGES CAUSED BY THE INTERRUPTION, SUSPENSION, MODIFICATION, OR TERMINATION OF THE Creativefolks.net SITE OR THE SERVICE. FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. In some jurisdictions, limitations of liability are not permitted in some states. In such jurisdictions, some of the above limitation may not apply to you.
You agree to indemnify and hold Creativefolks.net, its associates, affiliates, officers, agents, service providers, subsidiaries or other partners, and employees, harmless from any claim or demand, including any obtainable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make accessible or available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another
The TOU represent the entire contract between you and Creativefolks.net and directs your use of the Service. The TOU and the connection between you and Creativefolks.net shall be governed by the laws of the State of Virginia without regard to its disagreement of law stipulations. You and Creativefolks.net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Loudoun, Virginia. The failure of Creativefolks.net to apply, implement or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. However, in any condition that the TOU is believed to be speculative by a court of competent jurisdiction, the parties agree that the court should endeavor to give effect to the parties' intentions as copy in the terms of condition. You agree that regardless law to the contrary, any claim or cause of action resulting as a result of the use of the Service or the TOU must be filed within (6) months from the time it occurred or will be disqualified forever without re-opening of cases.
20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by specifying clearly the posting(s) for reviews using the contact us link at the bottom of the home page. Creativefolks.net failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You should understand and agree that, because damages are often difficult to measure/quantify, and if actual damages cannot be reasonably determined then it becomes necessary for Creativefolks.net to pursue legal action to enforce these Terms, you will be legally responsible to pay Creativefolks.net the following amounts as liquidated damages, which you accept as reasonable estimates of Creativefolks.nets' damages for the specified violations of the TOU as follows:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree that Creativefolks.net in its sole discretion may disclose identifying information about you to the victim, and that should Creativefolks.net bring a claim against you in court, that you will pay Creativefolks.net one thousand dollars ($1,000) for each such message.
b. If Creativefolks.net establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Creativefolks.net one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Creativefolks.net in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Creativefolks.net email addresses or through Creativefolks.net computer systems, you agree to pay Creativefolks.net twenty five dollars ($25) for each such email
d. If you post messages in violation of these Terms, other than as described above, you agree to pay Creativefolks.net one hundred dollars ($100) for each such message. In its sole discretion, Creativefolks.net may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Creativefolks.net two hundred dollars ($200) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Creativefolks.net an additional two hundred dollars ($200) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
f. Otherwise, you agree to pay Creativefolks.net's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Creativefolks.net retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
All comments and feedback are welcomed through the website contact us area