Terms and Conditions
Welcome to Cre8iveVisionary.com
This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Cre8ive Visionary, LLP., a Village Madho Bas(8), India company (“Cre8ive Visionary,” “we,” “us,” “our,” “Cre8ive Visionary”) and you with respect to your use of the Cre8ive Visionary website, applications, and the products and services offered by Cre8ive Visionary through them (collectively, the “Site”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, you should not use the Site.
This Agreement provides important information to you, including information about your obligations regarding your content, our limitation of liability to you, your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.
Changes to the Site or Terms
We reserve the right at any time to:
- Change the terms and conditions of this Agreement, consistent with applicable law;
- Change the Site, including eliminating or discontinuing any Information or Services (defined below) or other features in whole or in part; and
- Deny or terminate your use of and/or access to the Site.
Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the Site, and posting notice of such changes on the Site or in another manner in our reasonable discretion. You agree that your continued use of the Site after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to the terms of this Agreement, you should not use the Site. Be sure to return to this page periodically to ensure your familiarity with the most current version of this Agreement.
Eligibility
By registering with or using this Site you represent, acknowledge and agree that you are at least the age of majority where you reside. Regardless of the age of majority where you live, if you are not at least 13 years old, you may not use the Site.
Registration
Access to certain functionalities of the Site will require you to register with and/or provide certain information to Cre8ive Visionary. If and when you register with or provide information to Cre8ive Visionary, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete.
Professional Profiles
Home professionals may elect to register as a professional and create a professional profile on Cre8ive Visionary. Subject to the terms of this Agreement, such users can use the features made available by Cre8ive Visionary to promote their business on the Site.
Privacy Policy
You acknowledge and agree that any personal information provided by you through registration or collected by us in connection with your use of the Site or any Services will be treated in the manner described in our Privacy Policy, which can be found at https://cre8ivevisionary.com/terms-conditions/. Our Privacy Policy is incorporated into this Agreement, and you agree to its terms.
Your Permitted Use of Services and Information
The services made available on the Site (collectively the “Services”), as well as any information provided through the Site (collectively, the “Information”), are provided for your personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted in this Agreement. No Cre8ive Visionary materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way, except as expressly permitted in this Agreement. Cre8ive Visionary’s permission to you for your use of this Site expressly excludes commercial use by you of any Information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Site.
Cre8ive Visionary permits you to view and print a reasonable number of copies of web pages located on the Site for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Cre8ive Visionary, (c) the material is printed in its entirety without modification, reformatting or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement and remain the property of Cre8ive Visionary. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Cre8ive Visionary promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Cre8ive Visionary or others.
Postings, Services and Other Submissions
As part of your use of the Site, you may participate in certain services (including but not limited to Online Interior Design and Virtual Staging Services and extensions thereof), collections, message boards, member communications and/or other public forums. Your participation is voluntary; however, by choosing to purchase services, create collections, post photos or comments, send any messages, or otherwise participate in any Cre8ive Visionary forum, you acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, reviews or content provided by you (collectively, “Content”) may be viewed by the general public and will not be treated as private, proprietary or confidential. You hereby grant to Cre8ive Visionary and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works (including but not limited to virtually staged photos that display digital renderings of items that be viewed and purchased by members of the public through the photo or have advertisements placed on the virtually staged photo), publish, transmit and distribute such Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in such Content. Such permission shall be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted or shared by you to or through this Site or electronic message with Cre8ive Visionary employees.
Cre8ive Visionary acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Cre8ive Visionary in the paragraph above, and that no ownership of such copyrights is transferred to Cre8ive Visionary under these terms. Further, with respect to Content in the form of photos, and subject to Cre8ive Visionary product and user experience considerations: (a) Cre8ive Visionary will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) Cre8ive Visionary will not license or sublicense to third parties individual photo Content or collections of photo Content submitted by you, except in each case for Cre8ive Visionary Business Purposes. “Cre8ive Visionary Purposes” means any use in connection with a Cre8ive Visionary-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Site, the Services, the Information, Cre8ive Visionary, or its affiliates.
y posting or providing any Content on the Site, you represent and warrant to Cre8ive Visionary that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement. By way of example and not limitation, if you post or otherwise provide a photograph which includes an image of any person, you need to first obtain permission or a release from such person (or such person’s parent/legal guardian if applicable) appearing in the photograph to use their image and permit us to use and license it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement. By way of further example and not limitation, if you post or otherwise provide a photograph of a pictorial, graphic, sculptural or architectural work that is protected by copyright, you need to first obtain permission or a release from the owner of the copyright in such work to reproduce and adapt their work and permit us to use it as stated in this Agreement and you must be the owner or licensee of the copyright in the photograph, with the right to permit us to use it as stated in this Agreement.
Cre8ive Visionary may enable you to post ratings or reviews of vendors, service providers and/or their products or services on the Site (your “Reviews”). Reviews are considered Content. You may not post any reviews about a vendor, service provider or any of their products or services if you are (a) an employee, contractor, officer or director of the vendor and/or service provider; (b) an employee, contractor, officer or director of a competitor of the vendor and/or service provider; or (c) related to the vendor and/or service provider in any way, including by blood, adoption or marriage. By posting a Review, you acknowledge and agree that such Content:
- Is based upon your first-hand experience with the vendor, service provider or product or service that is the subject of the Review;
- Is accurate, truthful and complete; and
- Is not defamatory, trade libelous, or otherwise in violation of our Acceptable Use Policy below, all as determined by us in our sole and absolute discretion.
You agree not to post or provide any Content that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person (or such person’s parent/legal guardian, if applicable).
If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason, except as required by the applicable law.
You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post or remove any Content submitted by you or others. We do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Content posted on the Site.
Third-Party Links
The Site may contain links to other websites (the “Third-Party Sites”) for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked Third-Party Site or any material contained on any linked Third-Party Site, and we disclaim any such approval or endorsement. We do not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.
Products and Services
You may be provided the opportunity on the Site or through the Services to purchase products or services that are offered, sold or manufactured by third parties (collectively “Products”). Such Products may be available for purchase directly from third-parties or from Cre8ive Visionary.
The availability of any Products on the Site does not imply our endorsement of the Products. Reviews are solely the opinions of the users that post them. None of the Reviews contain or reflect any opinions or views of Cre8ive Visionary.
We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product bought directly from Cre8ive Visionary is not as described, then your sole remedy is to return it in unused condition.
Cre8ive Visionary and sellers on the Site strive for accuracy in pricing of the products sold. However, occasional errors or mistakes may cause inaccurate prices to appear on the Site. We have the right to void any purchases that display an inaccurate price.
Ownership
The Site is owned and operated by Cre8ive Visionary and its licensors. The Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Cre8ive Visionary and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Site or any Service or Information without our prior written permission. The Site, Information, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Cre8ive Visionary or, if so indicated in writing by Cre8ive Visionary, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information.
The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered trademarks of Cre8ive Visionary, Cre8ive Visionary licensors and suppliers, and/or others. Nothing contained in this Agreement or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the express written permission of Cre8ive Visionary, Cre8ive Visionary licensors or suppliers, or the third party owner of any such Trademarks, except as set forth in the following paragraph. You acknowledge and agree that all rights in and to the Cre8ive Visionary Trademarks are our exclusive property, and any goodwill generated by your use of any Cre8ive Visionary Trademarks will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any our Trademarks
Reports of Other Violations
If you believe content on the Site violates applicable law (apart from copyright or trademark violations), you may submit a claims other than Copyright or Trademark to Support@cre8ivevisionary.in. Cre8ive Visionary may consider a takedown request of this nature but is not obligated to respond.
Feedback
We welcome your feedback and suggestions about how to improve Cre8ive Visionary. Feel free to submit feedback at Support@cre8ivevisionary.in. By submitting feedback in this or other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
Trademarks
The Cre8ive Visionary name is a pending trademark of Cre8ive Visionary Inc. You must not use this name and logo without the prior written permission of Cre8ive Visionary LLP. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Cre8ive Visionary; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Cre8ive Visionary. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Cre8ive Visionary’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Miscellaneous
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions (except as provided for under “Dispute Resolution”). This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived or modified except by Cre8ive Visionary as provided herein or otherwise by written instrument signed by Cre8ive Visionary. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Cre8ive Visionary’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Cre8ive Visionary may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
This Site is Operated By
Cre8ive Visionary, LLP
Last modified as of Oct 5, 2023
