Terms of Service
The following Terms of Service apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by KreatAR, LLC, Post Reality or any of their corporate affiliates (collectively the "KreatAR Sites").
Last Updated: July 8, 2019
KreatAR, LLC ("KreatAR" or "we") is a Nevada corporation that: (i) creates, produces and distributes entertainment Content (as defined below); (ii) offers users the opportunity to participate in community media applications by submitting (e.g., "uploading") User Materials (as defined below) to the KreatAR Sites so that such User Materials can be distributed to the general public via the KreatAR Sites and the KreatAR Services (as defined below).
1. CERTAIN DEFINITIONS: As used herein, the following capitalized terms shall have the meanings set forth as follows: "Content" means and includes, without limitation, photos, images, artwork, graphics, videos, audios, animations, text, editorials, comments, writings, personal information, music, liner notes, lyrics, and other elements and materials, in any media or format now known or hereinafter devised, whether physical, electronic, digital, analog or otherwise. "Collaborative Content" means any customized Content that results from Users incorporating User Materials into KreatAR Content (as defined below) as the functionality of the KreatAR Sites and KreatAR Services may allow and enable from time to time. "KreatAR Content" means any and all Content (excluding User Materials) made available on the KreatAR Sites and/or through the KreatAR Services, including Content owned or controlled by KreatAR, Post Reality and/or its corporate affiliates, as well as Content licensed or otherwise provided to KreatAR by Licensors/Suppliers (as defined below). "KreatAR Services" means any and all services, tools, Software (as defined in Section 23), applications, and functionalities as may be provided on the KreatAR Sites from time to time. "Licensors/Suppliers" means any and all third parties that make available to KreatAR (pursuant to a license or otherwise) their proprietary Content, products or services for use, deployment, display, performance, and/or distribution via the KreatAR Sites. For the avoidance of doubt, the term "Licensors/Suppliers" includes third parties that place, display, or distribute their advertising, promotional, or sponsorship Content on the KreatAR Sites. "Trademarks" means any and all marks, brands, logos, designs, character names, location names, slogans, catch words and phrases, business names, trade names, trade dress, packaging designs, label designs, webpage layouts, look and feel, and other indicia of source, origin or identification, owned or controlled by KreatAR, its corporate affiliates, and/or Licensors/Suppliers. Any and all Trademarks owned or controlled by KreatAR and/or its corporate affiliates, including, without limitation, the KreatAR name and logos and characters, and the layout and design of the KreatAR Sites, are referred to hereinafter as "KreatAR Trademarks"; and any and all Trademarks owned or controlled by Licensors/Suppliers, including, without limitation, those listed in the legal notices referenced in Section 2 below, are referred to hereinafter as "Licensors/Suppliers Trademarks." "User Materials" means Content which users upload, submit, record, stream, distribute, or otherwise make available via the KreatAR Sites and/or through the KreatAR Services, but excluding any and all KreatAR Content.
2. TERM/FEES: This Agreement shall remain in full force and effect for as long as you use any of the KreatAR Sites or KreatAR Services, whether as a Visitor, Registered Member, or Paid Subscriber ("Term"). You may terminate your free account or subscription at any time, for any reason. KreatAR may terminate your free account or subscription at any time, for any reason, effective immediately upon sending notice to you at the email address you provided during the account set-up process, or such other email address as you may subsequently provide to KreatAR. If KreatAR terminates your free account or subscription in the Service due to a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees (if any). Even after the free account and/or subscription is terminated, this Agreement will remain in full force and effect, provided, however, that the User Materials submitted by you may no longer be accessible on the KreatAR Sites once your account has been cancelled. Notwithstanding the foregoing, you acknowledge that once your User Materials are integrated into a KreatAR Sites production (e.g., photos, audio files, or videos integrated within an animation, promotion, video, or any KreatAR Sites production, regardless of media format), all of the licenses for such materials, as granted in Sections 8 and 9 of this Agreement, shall extend in perpetuity, meaning that KreatAR will have the perpetual right throughout the world to exploit such KreatAR Sites production embodying your User Materials in any and all media now known or hereafter devised. By using the KreatAR Services and/or by becoming a Paid Subscriber, you acknowledge that KreatAR reserves the right to charge a payment for the KreatAR Services and the right to terminate your account or subscription should you breach this Agreement or fail to pay for the Service, as required by this Agreement. Please keep in mind that KreatAR's subscription fees at registration (if any) may change from time to time.
3. ELIGIBILITY; LIMITED USER LICENSE FOR KreatAR CONTENT: Use of the KreatAR Sites or KreatAR Services is void where prohibited by law. By signing up to become a Registered Member or Paid Subscriber on any of the KreatAR Sites or KreatAR Services, you represent and warrant that: (i) all registration information submitted directly by you or via third-party sign-on service (e.g., Facebook Connect) is truthful and accurate and you agree to maintain the accuracy of such information; (ii) you are at least 13 years of age; and (iii) your use of the KreatAR Sites and KreatAR Services does not violate any applicable law or regulation. Your account information and data may be deleted without warning if it is discovered that you have misrepresented your age or any other account and/or membership data. We may, in our sole discretion, refuse to offer the KreatAR Services to any user or entity that does not meet our eligibility criteria and we retain the right to change such eligibility criteria at any time. Subject to your strict compliance with this Agreement and except as otherwise expressly permitted by this Agreement or by KreatAR, KreatAR grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to download, view, and/or play one copy of the KreatAR Content (excluding source and object code) for your personal, non-commercial use only, PROVIDED that: (i) you maintain all copyright and other proprietary notices contained in the KreatAR Content or any copy you may make of the KreatAR Content; (ii) you do not use the KreatAR Content in a manner that suggests an association with KreatAR or any of its Licensors/Suppliers or any of their products, services or brands; (iii) you do not modify the KreatAR Content; (iv) you do not allow or aid or abet any third party (whether or not for your benefit) (a) to copy or adapt the object code of any of the KreatAR Sites or KreatAR Services or (b) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code associated with any of the KreatAR Sites or KreatAR Services or other products or processes accessible through the KreatAR Sites or KreatAR Services; and (v) you do not insert any code or product to manipulate the KreatAR Content in any way that affects any user's experience. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy, or distribute the KreatAR Content (except as may be a result of standard search engine or internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the KreatAR Content in any way for any public or commercial purpose except as expressly permitted by this Agreement or by KreatAR.
4. USER CONDUCT: KreatAR is glad to provide services to you, but you need to do your part as well. All of the KreatAR Sites, KreatAR Content, and KreatAR Services are solely for your personal use, and corporate or commercial use is expressly prohibited. You are solely responsible for all User Materials posted or distributed by you or through your account with KreatAR, including any email messages, and for all your interactions with other users. Your commitment to this agreement is extremely important. We want all of our users to feel safe while using our services and enjoy our great content without worrying. In order to experience all of KreatAR's amazing services we ask that you act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to: (i) violate any applicable law or regulation; (ii) submit any materials that conflict with any of your representations and warranties set forth in Section 15 of this Agreement; (iii) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity, and/or contractual rights; (iv) use any content or information available on the KreatAR Sites or through the KreatAR Services for any unauthorized purpose; (v) mislead users as to the features, functionality, origin, or capabilities of the KreatAR Sites or KreatAR Services; (vi) interfere with or damage any of the KreatAR Sites or KreatAR Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing of electronic mail address information, or similar methods or technology; (vii) use any of the KreatAR Sites or KreatAR Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others, personal contact information, or account numbers, or any defamatory materials of any kind, except where you have obtained express permission from such other person or entity in connection with any of the foregoing; (viii) use any of the KreatAR Sites or KreatAR Services in connection with the distribution of unsolicited commercial e-mail ("Spam") or advertisements; (ix) "stalk" or harass any other user of the KreatAR Sites or KreatAR Services; (x) harass, threaten, or verbally abuse the Performer during a Live Video Call; (xi) collect or store any information about any other user other than in the course of the permitted use of the KreatAR Sites and KreatAR Services; (xii) use any of the KreatAR Sites or KreatAR Services for any commercial purpose whatsoever (including, without limitation, to research, advertise, market, promote, sell, or otherwise exploit any product or service); (xiii) sell or otherwise transfer any User information (e.g., user profiles) or other user's User Materials); or (xiv) assist any third party in doing any of the foregoing. KreatAR reserves the right, in its sole discretion and without prior notice to you, to limit the amount of KreatAR Content and Collaborative Content you may send and the number of recipients to whom you may send such KreatAR Content or Collaborative Content through the KreatAR Sites. KreatAR may terminate your account and/or subscription if you violate the foregoing, and we may prohibit you from creating new accounts with KreatAR. If KreatAR determines, in its sole discretion, that you are a repeat infringer of third-party intellectual property rights, KreatAR will terminate your account and/or subscription, as the case may be, and prohibit you from creating new accounts with KreatAR. You are solely responsible for any interactions with other users of the KreatAR Services. KreatAR will not be responsible for any damage or harm resulting from your interactions with other users of the KreatAR Services. KreatAR reserves the right, but shall have no obligation, to monitor interactions between you and other users of the KreatAR Services and take any action in good faith to restrict access to or the availability of any material that KreatAR or another user of the KreatAR Services may consider to be obscene, lewd, defamatory, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. Your KreatAR account may NOT include any photographs that contain nudity, violence, or offensive subject matter, as determined in KreatAR's sole discretion. Information provided by other KreatAR users may contain inaccurate, inappropriate and/or offensive material, and KreatAR assumes no responsibility or liability for this material.
6. OWNERSHIP: You retain all right, title and interest in and to the User Materials provided by you hereunder (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to KreatAR under this Agreement. You are free to grant similar rights to others during and after the Term of this Agreement. For the avoidance of doubt, when you submit User Materials on any of the KreatAR Sites or through any of the KreatAR Services, you acknowledge that third parties may use your User Materials. You acknowledge and agree that, as between KreatAR and you, KreatAR and/or its Licensors/Suppliers (as the case may be) are, and shall at all times remain, the sole and exclusive owner(s) of all right, title, and interest (including, without limitation, copyright) in and to the KreatAR Sites, KreatAR Services, all Trademarks, and all KreatAR Content, and that your right to use the KreatAR Sites, KreatAR Services, Trademarks, and KreatAR Content, as set forth herein, shall be for personal, non-commercial use only and shall not in any way transfer or convey any ownership rights or other proprietary interests therein to you.
7. LICENSE FOR USER MATERIALS: Unless expressly otherwise stated in this Agreement or otherwise agreed between you and KreatAR in a writing signed by both parties, you hereby grant to KreatAR a worldwide, royalty-free, sublicensable, transferable, assignable, non-exclusive license to do the following things during the Term (and in perpetuity with respect to any KreatAR production as set forth in Section 3 of this Agreement): (i) to prepare and encode your User Materials, or any portion thereof for electronic, digital and/or other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised; (ii) to display, copy, reproduce, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish and/or otherwise exploit, in digital or physical form, any or all of your User Materials, including any portion thereof, and to include any such materials in compilations or other works, by any and all means in all media now known or hereinafter created, anywhere in the world, and for any purpose (for avoidance of doubt, the rights granted to KreatAR hereunder include the rights to make your User Materials available on the KreatAR Sites, third-party websites and electronic devices); (iii) to modify, adapt, change, or otherwise alter and create derivative works of the User Materials and use your User Materials as described in Section 8(ii); and (iv) to license and/or sublicense to any third party any of the foregoing rights in your User Materials, or any part or element thereof, subject to the terms and conditions of this Agreement. You hereby agree not to assert any right, title, or interest in any and all Trademarks and KreatAR Content with which your User Materials may be combined or into which all or any portion of your User Materials may be incorporated. You acknowledge and agree that all right, title, and interest (including, without limitation, copyright, trademark and other intellectual property rights) in and to any and all Trademarks and KreatAR Content shall remain the sole and exclusive property of KreatAR and/or Licensors/Suppliers (as the case may be). For the avoidance of doubt, with respect to any and all Collaborative Content, you acknowledge and agree that your rights therein and thereto shall be expressly limited to your User Materials contained in such Collaborative Content and shall in no event extend to any KreatAR Content or any Trademarks contained or embodied therein.
8. LICENSE FOR USE OF NAME AND LIKENESS: Unless expressly otherwise stated in this Agreement or otherwise agreed between you and KreatAR in a writing signed by both parties, you hereby grant to KreatAR a worldwide, royalty-free, sublicensable, transferable, assignable, non-exclusive license to use (a) your name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials (to the extent contained or embodied in your User Materials) and (b) any other individual's name(s), photograph(s), likeness(es), voice(s), performance(s), and biographical materials, where such other individual appears in your User Materials, in connection with the distribution, exploitation, promotion, marketing and advertising of your User Materials, as described hereunder, during the Term (and in perpetuity with respect to any KreatAR production as set forth in Section 3 of this Agreement). You also agree not to assert any privacy, publicity, moral or similar rights held by you (and to the extent any other person(s) whose name(s), photograph(s), likeness(es), voice(s), performance(s), and/or biographical materials are embodied in your User Materials, you represent and warrant that you have obtained all necessary consents from such third parties consistent with the full scope of rights granted to KreatAR pursuant to this Agreement, and you agree that such persons shall not assert any intellectual property, privacy, publicity, contractual, moral, or similar rights, or make any claims that your User Materials are objectionable or otherwise defamatory) under the laws of the United States and any other country in connection with the exploitation of such materials as described hereunder.
9. UNSOLICITED USER SUBMISSIONS. KreatAR does not solicit user submissions of content/product/service/business ideas, concepts, suggestions or proposals, including, without limitation, stories, scripts, fan fictions, characters, designs, drawings or artwork. We ask that you do not make unsolicited submissions to KreatAR. If you do make an unsolicited submission to KreatAR, however, you expressly acknowledge and agree that: (i) your submission is not being made in confidence or in trust, and no contractual, fiduciary or confidential relationship of any kind (whether express or implied) is created between you and KreatAR by reason of your submission; (ii) KreatAR and its affiliates, licensees, successors and assigns will be free (with no obligation) to use your submission for any purpose and in any format or medium, and KreatAR and its affiliates, licensees, successors and assigns will have no obligation or liability to you whatsoever, and you will have no right or claim to any compensation, payment, credit, attribution, notice, approval, or inspection of any kind whatsoever with respect to any such use; (iii) KreatAR or third parties may have independently developed, or may hereafter independently develop content or material that is similar to your submission, and any similarity between your submission and any KreatAR content or material or production is purely coincidental; (iv) your submission is not returnable and may be retained indefinitely by KreatAR and its affiliates, licensees, successors and assigns; (v) to the extent your submission includes any idea, concept, recommendation, suggestion or proposal for a prospective product or service name, mark, logo, slogan, tagline, domain name, or other source identifier, KreatAR and its affiliates, licensees, successors and assigns will be free (with no obligation) to adopt, use, register, and license to others such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, registration and licensing; and (vi) you waive the right to assert against KreatAR and its affiliates, licensees, successors and assigns, and you release and forever discharge KreatAR and its affiliates, licensees, successors and assigns from, any and all claims and damages based upon or relating to your submission, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.
11. PROPRIETARY RIGHTS: You acknowledge and agree that all KreatAR Sites, KreatAR Services, Trademarks, and KreatAR Content are the property of KreatAR and/or Licensors/Suppliers (as the case may be) and are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by KreatAR and/or Licensors/Suppliers (as applicable), you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from, any Trademark or KreatAR Content, or otherwise use any Trademark or KreatAR Content in any way. You also agree not to retrieve data or other content or any materials from the KreatAR Sites to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You further agree not to use any Trademark or KreatAR Content as metatags on other web sites. Moreover, you agree not to display any of the KreatAR Sites in a frame (or any of our content via in-line links) without KreatAR's express written permission.
12. LINKING POLICY: Because we want you to share all the fun content that you make on our sites, you may link from your own website to one or more KreatAR Sites, PROVIDED, however that you: (i) must NOT frame or create a browser or border environment around any of the KreatAR Content on the linked KreatAR Site or otherwise mirror any part of the linked KreatAR Site; (ii) must NOT imply that KreatAR and/or any of its Licensors/Suppliers or the linked KreatAR Site is endorsing or sponsoring you, your site or any of your products or services, unless expressly authorized in writing by KreatAR and/or its Licensors/Suppliers; (iii) must NOT present false information about, or disparage, tarnish, or otherwise, in KreatAR's sole opinion, harm KreatAR and/or any of its Licensors/Suppliers in any way; (iv) must NOT use any KreatAR Trademarks without the prior written permission of KreatAR, or use any Licensors/Suppliers Trademarks without the prior written permission of their respective owners; and (v) must NOT contain Content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion). By linking to any of the KreatAR Sites, you agree to be bound by and comply with all of the above linking restrictions and requirements. Notwithstanding anything to the contrary contained in this Agreement, KreatAR reserves the right to prohibit and deny linking to any of the KreatAR Sites for any reason in its sole and absolute discretion, even if the linking complies with all of the restrictions and requirements described above.
13. USERNAME AND PASSWORD: Any eligible user who creates a KreatAR account will select a username and password when completing the registration process or create an account using third-party single sign-on services (e.g. Facebook Connect). You are solely and fully responsible for maintaining the confidentiality of your username and password, or third-party credentials, for accessing KreatAR and will be solely and fully responsible for all activities that occur under that account to access the KreatAR Sites. You agree to (a) immediately notify KreatAR of any unauthorized use of your username and password or any other breach of security and (b) log off from your account at the end of each session. KreatAR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 14.
14. REPRESENTATIONS AND WARRANTIES: You represent and warrant that: 1. you have the full right and power to enter into and perform this Agreement and to grant KreatAR and Licensors/Suppliers all rights to use your User Materials (including individuals' names, likenesses, voices, and other elements of identity embodied therein) as contemplated in this Agreement, including, without limitation, the license grants in Sections 8 and 9 of this Agreement; 2. you exclusively own and/or control all right, title and interest (including, without limitation, copyright) in and to your User Materials, and have secured all necessary third-party consents, rights, licenses and permissions, if any, required in order for you to enter into and perform this Agreement and to grant KreatAR and Licensors/Suppliers all rights to use your User Materials (including individuals names, likenesses, voices, and other elements of identity embodied therein) as contemplated in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used or otherwise incorporated into your User Materials); 3. your User Materials (and KreatAR's use thereof as contemplated under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity, or moral rights of any third party; 4. all information that you have provided or will provide to KreatAR is true and complete; 5. your User Materials do not and will not violate any law, statute, ordinance or regulation; 6. your User Materials do not and will not: (i) be defamatory, libelous, slanderous, or threatening; (ii) contain sexually explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws; (iii) denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; (iv) exploit images or the likeness of any individual other than yourself (except where your have obtained express permission from such other individual(s) for such exploitation); (v) encourage or otherwise depict glamorized drug use; (vi) make use of offensive language or images; (vii) promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous or desirable; (viii) contain your or any other individual's personal contact information; (ix) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (x) provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xi) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial activities whatsoever and/or sales without KreatAR's prior written consent; and 7. your User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of KreatAR or any third party.
15. USER DISPUTES: It is important to keep in mind that you are solely responsible for your interactions with other users. KreatAR reserves the right, but has no obligation, to monitor disputes between you and other users.
16. DOWNLOADABLE ITEMS; COLLABORATIVE CONTENT: To the extent that KreatAR makes any applications, software or functionalities available for download or use from or through any of the KreatAR Sites or KreatAR Services (the "Downloadable Items"), such Downloadable Items are the copyrighted work (as between you and KreatAR) of KreatAR and/or its Licensors/Suppliers. Your use of the Downloadable Items may be governed by additional terms and conditions, which may be included with the Downloadable Items. Please carefully read any such additional terms and conditions to determine the full extent of conditions governing the use of such Downloadable Items. If you install a Downloadable Item that is a software application, you consent to the download of such software to your computer or device and accept this Agreement and any additional terms and conditions related to such software application. With respect to any User Materials that you download from or through any of the KreatAR Sites or KreatAR Services, you are responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with such downloaded User Materials (including, without limitation, any such obligations that may arise from use by KreatAR or its Licensors/Suppliers of such User Materials as authorized in this Agreement). You also agree that any Downloadable Items you obtain from any of the KreatAR Sites or KreatAR Services (whether for free or for a fee) are only provided to you for your personal, non-commercial use and are not meant for you to further distribute. Your use of any Collaborative Content is subject to the following additional terms and conditions: (i) the permission for you to use KreatAR Content to generate Collaborative Content or otherwise in association with your User Materials is expressly limited to KreatAR Content specifically made available by KreatAR for that purpose, and may be revoked by KreatAR at any time without notice or liability to you; (ii) your use of Collaborative Content is subject to this Agreement and any additional terms and conditions as KreatAR may from time to time prescribe; (iii) you may NOT make any commercial use of any Collaborative Content or of any KreatAR Content embodied in any Collaborative Content, in whole or in part, or sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber, or otherwise exploit same, in whole or in part, EXCEPT that you may use the KreatAR Sites and KreatAR Services to generate and engage in Viral Distribution (as defined below) of Collaborative Content, but in each case only to the extent expressly permitted by this Agreement or otherwise by KreatAR; as used herein, "Viral Distribution" means, for non-commercial purposes only: (a) sending Collaborative Content to friends, acquaintances at no charge by e-mail or other forms of digital delivery; (b) reproducing copies of Collaborative Content for personal use; and (c) posting and displaying links to Collaborative Content on a personal web site or on a third party web site that permits posting of such links at the direction of users subject to its terms and conditions, provided that such third party web site does not charge for access to the Collaborative Content or associate products, services or advertising with the Collaborative Content; (iv) you must always include and keep intact, and not remove or alter, any and all of KreatAR's and its Licensors/Suppliers' trademarks, copyrights and other proprietary rights notices, legends, watermarks, and other markings contained or embedded in or otherwise accompanying Collaborative Content (or any KreatAR Content portion thereof), and you agree to comply with all usage and viral distribution guidelines that may be prescribed by KreatAR from time to time; and (v) YOU AGREE NOT TO ENGAGE IN SPAMMING OR OTHER UNLAWFUL OR CONTROVERSIAL BEHAVIOR IN CONNECTION THEREWITH.
17. INDEMNITY: You agree to defend, indemnify, reimburse, and hold KreatAR and its parent, subsidiary and affiliated entities, its Licensors/Suppliers, and its and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to: (i) your use of the KreatAR Sites and KreatAR Services; (ii) KreatAR's use of your User Materials; (iii) any breach or alleged breach of your representations and warranties and/or any breach, alleged breach, or violation of the notices, terms, and conditions hereof; and (iv) your violation or alleged or threatened violation of any laws, rules or regulations, or any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, defamation, right of privacy or publicity, or moral rights of any third party, arising from the submission and/or use of your User Materials as contemplated hereunder.
18. KreatAR'S PERFORMANCE: KreatAR strives to provide you with the best possible experience, but we cannot guarantee that there will not be any errors or interruptions on our end. You acknowledge and agree that the operation of the KreatAR Sites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and KreatAR shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the KreatAR Services. There are no assurances whatsoever that any of your User Materials or any part or element thereof shall actually be utilized on any of the KreatAR Sites or if so utilized continue to be available for any particular time. KreatAR has the right, in KreatAR's sole and absolute discretion, to remove from the KreatAR Sites at any time your User Materials or any part thereof and/or to revoke any sublicense granted by KreatAR to any affiliate or unaffiliated third party. Notwithstanding the foregoing, KreatAR does not control the content of any User Materials and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content submitted to the KreatAR Sites. The KreatAR Sites may be discontinued at any time, with or without reason and without any liability to you or to any third party for any modification or discontinuance of the KreatAR Services.
19. NO WARRANTY: ALL OF THE KreatAR SITES, KreatAR SERVICES, AND KreatAR CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KreatAR AND ITS LICENSORS/SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE KreatAR SITES AND KreatAR SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE KreatAR SITES AND KreatAR SERVICES. IN ADDITION, ALTHOUGH KreatAR INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE KreatAR SITES, AND WHETHER OR NOT KreatAR IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, KreatAR DOES NOT WARRANT THAT THE KreatAR SITES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE KreatAR SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS. BY ACCESSING OR USING ANY OF THE KreatAR SITES OR KreatAR SERVICES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE SUCH KreatAR SITES OR KreatAR SERVICES.
20. NO LIABILITY FOR THIRD PARTY USE: KreatAR DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE AVAILABLE ON THE KreatAR SITES BY YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF YOUR USER MATERIALS BY A THIRD-PARTY, AND NOT FROM KreatAR OR ANY OF ITS LICENSORS/SUPPLIERS. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR USER MATERIALS FROM KreatAR (WHETHER OR NOT WITH KreatAR'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, YOU WILL SEEK REDRESS FROM THAT OTHER PERSON AND NOT FROM KreatAR OR ANY OF ITS LICENSORS/SUPPLIERS, AND THAT YOU WILL NOT HOLD KreatAR OR ANY OF ITS LICENSORS/SUPPLIERS RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
21. EXCLUSION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL KreatAR, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES, OR LICENSORS/SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT KreatAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE KreatAR SITES AND/OR THE KreatAR SERVICES. IN NO EVENT SHALL KreatAR'S TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED \$200. YOU EXPRESSLY WAIVE ANY AND ALL RIGHT TO SEEK OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICES AND/OR ANY USER MATERIALS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY USE OF YOUR USER MATERIALS BY KreatAR). THE PARTIES ACKNOWLEDGE AND AGREE THAT KreatAR HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN, WHICH ALLOCATE THE RISK BETWEEN YOU AND KreatAR, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
22. EXPORT CONTROLS: Software from the KreatAR Sites (the "Software") is further subject to United States export controls. No Software may be downloaded from the KreatAR Sites or otherwise exported or re-exported (a) into (or to a national or resident of) any Country to which the U.S. has embargoed goods or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
23. GOVERNING LAW, VENUE, AND JURISDICTION: You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Service, and any dispute of any sort that might arise between you and KreatAR or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Southern District of New York, New York, and BOTH YOU AND KreatAR IRREVOCABLY consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the Southern District of New York, New York.
24. ARBITRATION YOU AND KreatAR AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE OR THE SALE OF ANY PRODUCT OR SERVICE BY KreatAR SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY KreatAR PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to any products or services purchased by you on or through any of the KreatAR Sites be instituted more than one (1) year after the cause of action arose.
25. ASSIGNMENT: KreatAR shall have the right to assign this Agreement in whole or in part to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of KreatAR.
26. NOTICES: All copyright infringement notifications to KreatAR in regards to any Content (including User Materials) on the KreatAR Sites must be made in accordance with the section entitled "NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT" contained in KreatAR's Legal Notices (click here).
All other notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to The Glimpse Group Inc, 800 Third Avenue Suite 1701, New York NY 10022 ATTN: Maydan Rothblum. Communications shall be deemed received: (i) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt as indicated on the return receipt; (ii) for Communications sent by personal delivery, on the date of personal delivery; No other form of notice shall be accepted under this Agreement.
28. MODIFICATION: KreatAR reserves the right to change the terms of this Agreement from time to time in its sole discretion. In the event of such changes, KreatAR will post the changes on the KreatAR Sites and/or notify you via email. Also, KreatAR may ask you to review and consent to the changes at the time of your next account login or at the time of your next visit to the Site. By continuing to use any of the KreatAR Sites or KreatAR Services after such notice and consent, you agree to be bound by the changes to this Agreement and the new terms of the Agreement shall govern all prior and future submissions of your User Materials.
Terms of Sale
The following Terms of Sale apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by KreatAR, LLC, Post Reality and/or its corporate affiliates and all related applications and services (collectively the "KreatAR Sites").
Last Updated: November 8, 2017
Please keep in mind that these Terms of Sale are subject to change by KreatAR, LLC from time to time. In the event of such changes, we will post the changes on the KreatAR Sites and/or notify you via email. Also, we may ask you to review and consent to the changes at the time of your next account login or at the time of your next purchase on or through any of the KreatAR Sites. Changes to these Terms of Sale shall apply to any purchases made after such notice and consent. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on or through the KreatAR Sites.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
1. SUBSCRIPTIONS You may be required to be a Paid Subscriber to access certain goods, services, and content offered on the KreatAR Sites (collectively "Subscription-based Features"). KreatAR, LLC may offer different subscription plans across different platforms, and some subscription plans may include special promotional pricing with differing conditions and limitations. With respect to any Subscription-based Features, you acknowledge and agree that, by making such features accessible to Paid Subscribers in general, KreatAR will have fully satisfied its obligation to deliver or otherwise provide such features to you (and/or to your intended authorized recipients), regardless of your or your recipients' failure or inability to use such features.
1.1 NON-TRIAL SUBSCRIPTIONS If you decide to register for a paid subscription, we will charge you the applicable subscription fee for the applicable subscription term using your selected payment method at the time of purchase. If KreatAR alters the subscription fee or makes other changes to your subscription, you will be notified in advance about the changes via email. It is important to keep in mind that if you signed up for a subscription during a promotional period, the promotional price may only be active for a certain period of time, based on our sole discretion.
1.2 NON-TRIAL SUBSCRIPTION RENEWALS As a Paid Subscriber, your non-trial subscription will renew either annually or monthly, depending on your applicable subscription plan. For example, if you start your annual subscription on March 31st, you will be billed on March 30th the following year. If you start your monthly subscription on March 31st, you will be billed on April 30th the following month. For some KreatAR products and services, your subscription will automatically be renewed at the end of the subscription term unless you turn off the auto-renew feature or cancel your subscription prior to the expiration date of your then-existing subscription. To cancel your subscription auto-renewal, please go to the "My Account" section of the KreatAR Site(s) where you have a membership account or to the applicable third-party interface if you subscribed to KreatAR through a third-party. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Subscription-based Features will continue only for the remainder of your applicable non-trial subscription term.
1.3 CANCELLATION You may cancel your subscription at any time. However, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Subscription-based Features will continue only for the remainder of your applicable non-trial subscription term. At KreatAR's sole discretion, we may provide a discount or other accommodation to some or all of our Paid Subscribers at any time and for any reason. Our offering of a discount or other accommodation in one instance does not entitle you to, or obligate us to provide, the same treatment in the future for similar instances. If you pay for a subscription through a third-party service (such as through the iTunes App Store, for example), you may need to access your account through that applicable third-party interface to cancel your subscription to or turn off auto-renew for the KreatAR Services. The billing information related to your non-trial subscription may also be accessible via your account with the applicable third party.
1.4 TRIAL PERIODS We know that sometimes you need a little time to try out the services before wanting to commit. In order to allow customers an opportunity to "sample" our products and services, occasionally we may offer trial periods during which you will have the ability to cancel your subscription within a stated period of time and receive a full refund. If you do not cancel during the trial period, your trial subscription will automatically be converted to a non-trial subscription upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Subscription-based Features will continue only for the remainder of the non-trial subscription term. To cancel your trial subscription, please go to the "My Account" section of the KreatAR Sites where you have a membership account or to the applicable third-party interface if you subscribed to KreatAR through a third-party.
1.5 KreatAR PREMIUM CONTENT SERVICES KreatAR Sites may offer a premium subscription that allows our customers to experience all the fun content we have. It is important to keep in mind that a subscription may be required to access certain parts of KreatAR's service that allows you to create digital greeting cards and personalized media using certain content, including without limitation, audio, audiovisual, and/or still images (as the service may permit) from KreatAR's library (the "KreatAR Premium Content"), to personalize such KreatAR Premium Content (in certain instances), and to share such KreatAR Premium Content with others, all to the extent permitted by KreatAR (the "KreatAR Premium Content Services").
Unless otherwise noted, you will have access to your KreatAR Premium Content for a minimum of two (2) weeks upon creation, unless earlier removed by you or your recipient. All KreatAR Premium Content from KreatAR's library that is offered as part of the KreatAR Premium Content Services constitute part of KreatAR's proprietary content, and your use thereof is subject to your compliance with the KreatAR Terms of Service. In addition, any messages that you include with your KreatAR Premium Content must comply with all terms and conditions regarding User Materials and User Conduct as set forth in the KreatAR Terms of Service. For the avoidance of doubt, the KreatAR Premium Content Services are services (notwithstanding any use of the terms "purchase," "buy," "sell," "order," or the like on the KreatAR Sites or in these Terms of Sale), and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any KreatAR Premium Content, and neither you nor your recipient may reproduce, distribute, transfer, modify, create derivative works, or otherwise use such content in any manner other than as expressly authorized by KreatAR.
All use of the KreatAR Premium Content Services is for your personal, non-commercial use only.
1.6 KreatAR'S RIGHT TO TERMINATE We hope that it never has to reach this point, but if necessary, KreatAR, LLC reserves the right to terminate your account and/or subscription at any time for any breach or violation by you of the KreatAR Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of the subscription fee previously paid by you.
2. A LA CARTE PURCHASES No subscription is necessary to purchase certain virtual goods, gift subscriptions, or material offered on a pay-per-download basis on the KreatAR Sites. For purchases of a la carte virtual goods, the purchase amount to your specified payment method when you click submit on the order or download page. For the avoidance of doubt, neither the term "physical goods" nor the term "pay-per-download material" will include online, streaming use of the KreatAR Premium Content described in Section 1.5 above (except for special orders and as otherwise noted by KreatAR).
2.1 GIFT SUBSCRIPTIONS You may purchase a gift subscription(s) that can be redeemed by your recipient within one (1) year of purchasing the account. A gift subscription has a term of one (1) year from the date it is issued. IF AND TO THE EXTENT A GIFT SUBSCRIPTION IS NOT USED WITHIN ONE (1) YEAR FROM THE DATE IT IS ISSUED, THE GIFT SUBSCRIPTION EXPIRES. Gift subscriptions can only be redeemed once and cannot be exchanged for cash.
2.2 PAY-PER-DOWNLOAD MATERIAL With respect to any a la carte virtual good or pay-per-download material that you purchase on or through the KreatAR Sites, you acknowledge and agree that, upon making such material available to you (or to your intended authorized recipients) for download, KreatAR will have fully satisfied its obligation to deliver or otherwise provide such material, regardless of your or your recipients' failure or inability to view, play, use, or store such material. All purchases of a la carte virtual goods and pay-per-download material on or through the KreatAR Sites are final, non-cancelable, and non-refundable, and no such material is returnable or exchangeable (except as expressly otherwise provided in these Terms of Sale or as otherwise determined by KreatAR in its sole discretion). For the avoidance of doubt, a la carte virtual goods and pay-per-download material is provided for your personal, non-commercial use only and remains the exclusive property of KreatAR.
3. SUBSCRIPTION ENHANCEMENTS We are always improving our service and offering new promotions. We may offer enhancements related to your subscription and/or a la carte purchase options. For example, we may offer an ad-free subscription, a subscription that includes bonus content, or the ability to download digital video files to your desktop for an additional fee. Such subscription enhancements may be added for an additional NON-REFUNDABLE fee and may be cancelled at any time (provided that you will continue to have access to your purchased enhancements for the duration of your basic subscription). You may renew your basic subscription and choose not to renew your subscription enhancements, but you may not renew subscription enhancements without a basic subscription.
4. GENERAL PROVISIONS 4.1 PURCHASE QUALIFICATIONS; ACCOUNT SECURITY To make any purchase on or through the KreatAR Sites (including, without limitation, purchase of subscriptions, a la carte virtual goods, physical goods, gift subscriptions, and/or pay-per-download material), you must be a Registered Member (as defined in the KreatAR Terms of Service) and comply with these Terms of Sale (including the KreatAR Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. KreatAR sells its products and services only to those who can legally make purchases with a credit card/debit card. If you are under 18 years of age (but not younger than 13), you may make purchases on or through the KreatAR Sites only with the consent and supervision of a parent or guardian. No one under 13 is allowed to make any purchase on any of the KreatAR Sites or KreatAR Services. KreatAR reserves the right to refuse or cancel any customer order or terminate any customer account with KreatAR, at any time in its sole discretion (except as prohibited by law).
4.2 PAYMENT METHOD AND TERMS We may accept credit cards and certain debit cards as forms of payment. By submitting an order on or through the KreatAR Sites, you authorize KreatAR, or its designated payment processor, to charge the purchase amount (and in the event of a subscription renewal, you authorize KreatAR, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed. KreatAR also accepts payment through various third-party services (such as iTunes). In those cases, the terms of sale applicable to those third-party services will govern the processing of your payment.
KreatAR may have certain products or services that can be purchased through your mobile service (Premium SMS billing). You will find these charges on your mobile bill. Please keep in mind that you are responsible for any device connection charges you may incur when you use our services. If while using our application you use your cellular network (rather than Wi-Fi), you may be charged standard data rates. International data roaming charges may apply when using our application when traveling outside your home country. We recommend speaking about data roaming charges with your cellular carrier before using our application abroad. If you purchase a KreatAR product or service through texting messaging/SMS or use our sharing feature via mobile, then standard texting messaging rates/fees may apply. These purchases are non-refundable and final. KreatAR will not refund any purchase(s) made via an SMS charge in the event of technical incapability or non-functionality of the message.
KreatAR reserves the right to report, investigate, and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized, or otherwise unlawful use of any credit card or debit card by any person on or through the KreatAR Sites.
4.3 TAXES You are responsible for any and all applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your purchase made on or through the KreatAR Sites. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and KreatAR reserves the right to collect or withhold such taxes or fees from you at any time.
4.4 PRODUCT AND SERVICE AVAILABILITY; ERRORS KreatAR may revise, discontinue, or modify products or services offered on or through the KreatAR Sites, at any time without prior notice to you, if a product or service offered by you is or becomes unavailable, KreatAR may decline or cancel your order (and issue you a refund if you have paid for the order), with no further liability or obligation to you. If a product or service offered by you is or becomes unavailable, KreatAR may, in its sole discretion, offer to substitute your order with another product or service of equal or greater value and will make such substitution only with your written or recorded consent. While we strive to eliminate errors on the KreatAR Sites, we do not warrant that all products, services, information, and content offered on the KreatAR Sites will be accurate, complete, reliable, current, or error-free. Unless expressly otherwise noted, all products, services, information, and content offered on the KreatAR Sites are provided "as is" without warranty of any kind. In the event of an error by KreatAR in processing or delivering your order, KreatAR may, at its election: (i) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (ii) cancel your order affected by the error and issue a refund of the purchase amount actually paid by you for such order. By placing an order on or through the KreatAR Sites, you acknowledge and agree that, in the event of an error by KreatAR in processing or delivering your order, your sole remedy is to cancel your order and return the physical goods delivered (if any) for a refund of the purchase amount actually paid by you, all subject to KreatAR's cancellation, return and refund policies set forth in these Terms of Sale.
4.6 DISCLAIMERS ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH ANY OF THE KreatAR SITES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY KreatAR. KreatAR ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON ANY OF THE KreatAR SITES. ALL PRODUCTS AND SERVICES ON THE KreatAR SITES ARE PROVIDED OR SOLD "AS-IS" AND KreatAR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KreatAR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. KreatAR DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES, OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. 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, or any affiliation therewith, by KreatAR.
4.7 LIMITATION ON LIABILITY EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL KreatAR OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES THAT MAY ARISE FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES ON THE KreatAR SITES, EVEN IF KreatAR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KreatAR'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO KreatAR FOR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE ON THE KreatAR SITES, BUT IN NO CASE WILL KreatAR'S TOTAL LIABILITY TO YOU EXCEED \$200.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
4.8 GOVERNING LAW; VENUE AND JURISDICTION You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and KreatAR or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Southern District of New York, NY, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the Southern District of New York, NY
4.9 ARBITRATION YOU AND KreatAR AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE OR THE SALE OF ANY PRODUCT OR SERVICE BY KreatAR SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY KreatAR PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to any products or services purchased by you on or through any of the KreatAR Sites be instituted more than one (1) year after the cause of action arose.
4.10 INDEMNITY You agree to indemnify and hold KreatAR, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any products or services offered on any of the KreatAR Sites, or any violation of these Terms of Sale or of any law or the rights of any third party.
Last Updated: July 8, 2019
California residents may request an information-sharing disclosure from us by emailing your request to support@KreatAR.com or writing to us at The Glimpse Group, Inc., Attn: Maydan Rothblum, 800 Third Avenue, Suite 1701, New York NY 10022. Please note that, under the law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email or mailing address.
Do Not Track Disclosure: The KreatAR Sites do not currently respond to "Do Not Track" signals of Web browsers. However, should the industry establish uniform technological standards for recognizing and interpreting "Do Not Track" signals, the KreatAR Sites would be open to following such industry standards.
Information Collection and Use One of our many goals at KreatAR is to provide you with the best possible experience on our sites and applications. Through the information that we collect from you, we are able to deliver an awesome one of a kind user experience. KreatAR collects user submitted information including but not limited to name, email address, and age to authenticate users and to send notifications to those users relating to the KreatAR Sites and KreatAR Services. KreatAR may also collect other data either directly or via third-party sign-on services (e.g., Facebook Connect), including but not limited to: personal interests, gender, age, education, and occupation, in order to enrich the user experience.
KreatAR also logs non-personally-identifiable information such as IP address, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to users. User IP addresses may be recorded for security and monitoring purposes. User account information, including pictures and usernames, may also be collected and displayed in order to enrich the user experience and facilitate user interaction on the KreatAR Sites and in email communications. Email addresses are primarily used for the purpose of sending notifications related to the service. With the exception of notifying friends about content the user has created, a user's email address is not shared or publicly displayed on the KreatAR Sites or within the KreatAR service. Users' full names, to the extent collected and stored, are never directly revealed to other users, unless authorized by the user.
From time to time, KreatAR and one or more of its partners may co-sponsor a promotion, sweepstake or contest or may offer a co-branded product or service on the KreatAR Sites (each, a "Joint Offering"). Users may be asked to provide personal information such as name, email address, home address, etc. or to answer questions in order to participate in a Joint Offering, which personal information may be shared by KreatAR with its partners involved in such Joint Offering, and such partners may use the information for its own advertising and marketing purposes. Also, we may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply. All in all, we urge you to think carefully before disclosing any personal information or User Content with KreatAR that you deem private and to take the necessary measures to keep your information secure.
KreatAR may implement several Google Analytics features that support Display Advertising. You may opt out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings or by installing the Google Analytics opt-out browser add-on. KreatAR utilizes "Remarketing with Google Analytics" to advertise online. In addition, third-party vendors, such as Google, show these ads on sites across the Internet and KreatAR and third-party vendors use both first-party and third-party cookies to inform, optimize, and serve ads based on user visits to the KreatAR site. KreatAR also utilizes "Google Display Network Impression Reporting", which uses both first-party and third-party cookies to report how ad impressions, uses of ad services, and interactions with the ad impressions and ad services are related to user visits to the KreatAR sites. KreatAR also utilizes "Demographics and Interest Reporting", which collects data based on user demographics and interests, including but not limited to: age, gender, affinity category behavior, and other category behavior. Data collected from the Google Analytics Demographics and Interest Reporting function is used in order to enrich the user experience and provide more relevant services and advertisements to users. Some KreatAR products may utilize MobileAppTracking™, a HasOffers Analytics tracking service which collects non-personally identifiable user data including but not limited to: platform, timestamp, locale, time zone, page views, and IP address. KreatAR uses this service to collect and compare information about the user base and user visits. You are free to opt out of this data collection service by going to HasOffers Analytics' End User Opt-Out page at https://www.optoutmobile.com/optout
In addition, KreatAR may use so-called "pixel tags," "web beacons," "web bugs," "clear GIFs," etc. (collectively "Web Beacons") to collect information about your visits to the KreatAR Sites. These are small electronic images embedded in web content (including online ads) and email messages and are ordinarily not visible to users. Like cookies, Web Beacons enable us to track pages and content (including ads) accessed and viewed by users on the KreatAR Sites. Also, when we send HTML-formatted (as opposed to plain text) emails to our users, Web Beacons may be embedded in such emails to allow us to monitor readership levels so that we can identify aggregate trends and individual usage to provide our users with more relevant content or offers. Web beacons in emails may recognize activities such as when an email was opened, how many times an email was forwarded, which links in the email were clicked on, etc. Web Beacons cannot be declined when delivered via a regular web page. However, Web Beacons can be refused when delivered via email. If you do not wish to receive our Web Beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
Please note that KreatAR may allow thirty-party advertisers (including those that are serving their own ads on the KreatAR Sites, as well as those so-called "network advertisers" or "ad networks" who are serving and managing ads for others) to set and use their own cookies (including Flash cookies) and/or Web Beacons on your computer when you visit the KreatAR Sites. These cookies and Web Beacons allow third-party advertisers to recognize your computer each time they send you an online advertisement and to compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. The information so compiled allows third-party advertisers to deliver targeted advertisements that they believe will be of most interest to you. Note, however, that we do not show these types of advertisements to our children users or track children users for targeted advertising purposes.
The KreatAR Sites may contain links to and/or enables certain third-party Internet functionalities to enhance your online experience, including, without limitation, social plug-ins, tools and APIs. Prior to using any third-party functionalities (e.g., Facebook Connect) on the KreatAR Sites, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Facebook). Once again, we have no control over what information is collected by such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their data policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
SPECIAL NOTE - Flash Cookies: Flash cookies (also known as "local shared objects" or "LSOs") cannot be rejected, disabled, turned off, opted out, or deleted in the same way as regular cookies such as HTML cookies. Flash cookies may remain on your computer even after you have rejected, disabled, opted out or deleted regular cookies. For information on how to manage and remove Flash cookies, please visit:
Please note that, in addition to KreatAR's Flash cookies, third-party advertisers may set and use their own Flash cookies for user tracking purposes when serving and managing ads on the KreatAR Sites.
Invitations and Other Communications to Non-users KreatAR users can send content to friends via our system and invite friends to join the service via third-party single sign-on services (e.g., Facebook Connect). KreatAR may store the email addresses that users provide so that KreatAR can send notifications authorized by users and related reminders to such email addresses. KreatAR does not sell these email addresses or use them to send any other communication besides those initiated by users and invitation reminders initiated by KreatAR (one (1) per email address). Recipients of emails from KreatAR may contact KreatAR to request the removal of their information from our database by clicking on the "Opt-Out" Link at the bottom of our emails.
You may prevent KreatAR messages from being sent to any email address you control by sending an email request to support@KreatAR.com or by visiting and adjusting your email preferences in My Account. Please note that the email must come from the account you wish to block.
Service Providers We rely on certain third-party services for the operation of the KreatAR Sites, such as credit card payment processing, order processing, fulfillment and shipment, data storage and security, etc. The security of your personal information is important to us. Please keep in mind that, to the extent a third-party service provider needs to access your information in order to perform services to us, we share your information with that provider. However, we do require that any third-party service providers limit their use of your information solely to providing services to us and that they maintain the confidentiality, security, and integrity of your information and not make unauthorized use or disclosure of the information.
For example, if you purchase a product from the KreatAR online store, we use a third-party vendor to pack and ship your order. Our fulfillment vendor will be given access to your full name and shipping address solely for the purpose of shipping your order. We require our fulfillment vendor not to retain, share, store or use your information for any other purpose.
Public Communication Please be aware that whenever you voluntarily post information on the KreatAR Sites that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications. We are not responsible for the personally identifiable information you choose to submit in these forums. We do not currently make available public forums to our children users.
Correcting/Updating or Removing Information KreatAR users may modify or remove any of their personal information at any time by logging into their account and accessing the "My Account" section. To receive notifications on updates or changes to the KreatAR Sites or KreatAR Services, we ask that you keep your account updated with most relevant personal information (i.e. current email address). Email Choice/Opt-out Registered Members and Paid Subscribers may choose to no longer receive updates or notifications by managing their email preferences in the "My Account" section of any of the KreatAR Sites. All notification emails and KreatAR newsletters include instructions for opting-out of those communications in the future.
Security We at KreatAR want to provide you with the best and most secure customer experience possible. KreatAR user accounts are secured by user-created passwords and, in some cases, third-party sign-on services (e.g., Facebook Connect). KreatAR takes precautions to ensure that user account information is kept private. We use commercially reasonable measures to protect user information that is stored within our database, and we restrict access to user information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. However, we do not guarantee that these efforts will completely protect user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. We will endeavor to notify users in the event that the security of their personal information is breached or compromised. By submitting personal information on any of the KreatAR Sites, you expressly consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by email or postal mail, as we deem appropriate, and as required by law. For any additional information about the security measures we use on KreatAR, please contact us at support@KreatAR.com.
We urge you to keep your username, password, and other account access information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit to a KreatAR Site. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an internet cafe.
Children's Privacy KreatAR is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The KreatAR Sites and KreatAR Service are not intended for use by children under the age of 13 without parental supervision. KreatAR does not knowingly collect personal information from children under the age of 13. Users must be 13 or older to be eligible to register on the KreatAR Sites. Some of the KreatAR Sites and KreatAR Services, such as StoryBots.com, are designed for parents and their young children. We want parents to feel confident about their child's activity while using our services and have full control over their child's activity on our sites. Children can only access and use such sites and services with the participation and supervision of their parents. Because of the young age of our children users, only parents are allowed to create accounts and profiles and to upload personal content on such sites and services. KreatAR does not knowingly collect any personal information directly from children on such sites and services. We also take certain measures to prevent children from submitting personal information to us or from accessing features that may collect or publish such information. If you wish to review or delete any profile information that you have provided us regarding a child, or ask that we stop using such information, you may do so at any time through the settings area of your account or by contacting us using the information below. For more information about keeping your child's privacy safe, please visit http://www.onguardonline.gov/articles/0031-protecting-your-childs-privacy-online.
The following Legal Notices apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by KreatAR, LLC, Post Reality and/or its corporate affiliates, (collectively the "KreatAR Sites").
Copyright & Trademark Notice Product names, logos, designs, titles, words or phrases used on any KreatAR Sites products or services are owned by KreatAR, LLC, its licensors, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Government Users Any use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
Notice and Procedure For Making Claims of Copyright Infringement "KreatAR Content" means any and all Content (excluding User Materials) made available on the KreatAR Sites and/or through the KreatAR Services, including Content owned or controlled by KreatAR and/or its corporate affiliates, as well as Content licensed or otherwise provided to KreatAR by third parties for use, deployment, display, performance and/or distribution via the KreatAR Sites. "User Materials" means Content which Users upload, submit, distribute or otherwise make available via the KreatAR Sites and/or through the KreatAR Services, but excluding any and all KreatAR Content. KreatAR, LLC respects the intellectual property rights of others and expects all Users to do the same. For claims of copyright infringement relating to KreatAR Content and/or User Materials, KreatAR, LLC will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2). Pursuant to the requirements of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3), written notification of claimed copyright infringement must be submitted via U.S. registered mail to our Designated Agent as follows: Copyright Complaints The Glimpse Group, Inc Attn: Maydan Rothblum 800 Third Avenue, Suite 1701 New York, NY 10022
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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;
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 the service provider to locate the material;
Information reasonably sufficient to permit the service provider 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;
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;
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.
Counter-Notification to Claimed Copyright Infringement Pursuant to Sections 512(g)(2) and (3) of the DMCA, if a claim of copyright infringement has been asserted against you, you may elect to make a counter-notification with the Designated Agent identified above. Such counter-notification must contain the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the federal district in which you are located (or Los Angeles County, State of California, if you reside outside of the U.S.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If KreatAR, LLC receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with Section 512(g)(2) of the DMCA. Liability for Misrepresentation under the DMCA Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents
that material or activity is infringing, or
that material or activity was removed or disabled by mistake or misidentification
will be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are not sure whether certain material or activity infringes your or others' copyrights, please consult with a copyright attorney first.
Repeat Infringers For any Users who KreatAR, LLC determines, in its sole discretion, are repeat infringers of third-party intellectual property rights, KreatAR, LLC will terminate their accounts and/or memberships, as the case may be, and prohibit them from creating new accounts with KreatAR, LLC.
Last updated 26 January 2022
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