Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance
with these Terms of Service.
to be fully responsible and liable for any action of any user who uses your Account.
not to use the Account, username, or password of another Registered User that you are not expressly authorized to use.
not to allow any third party who is not authorized to do so to use your Account at any time.
not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs,
robots or denial-of-service attacks, intended to damage or interfere with the operation of the Site or any transaction
being conducted through the Site.
not to intercept or expropriate any system, data or personal information from the Site.
not to take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure,
including but not limited to “spam” or other such unsolicited mass emailing techniques.
that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
that they are using the Site solely for the purpose of entering into a bona fide business transaction with other
that they will not use the Site or its services to defraud or mislead any person or entity, including without limitation
kreativa.co or any Register User.
that they will not use the Site to violate any law or regulation of the United States of America or any
international law or treaty.
that they are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar),
Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed
by the government of the United States of America.
that they are not currently and have never been listed as a Specially Designated National by the
United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
that they will not use the Site in connection with any “prohibited transaction” as defined under
the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations,
31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of
Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537;
Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338;
or any other law, regulation or executive order of the United States of America.
Warranty Disclaimer. THE SERVICES PROVIDED BY kreativa.co OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED
“AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR
OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE
POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS
ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER
REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU
FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES
ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD
IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE
FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL
OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
General Release. If you have a dispute with another Registered User, you release kreativa.co
(and our members, managers, officers, directors, agents, subsidiaries, joint ventures and employees) from claims,
demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any
way connected with such dispute.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE
JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR.”
Indemnity. You agree to defend, hold harmless and indemnify kreativa.co from and against any and all losses,
costs, expenses, damages or other liabilities incurred by kreativa.co from and against any cost, liability, loss, damage,
cause of action, claim, suit, proceeding, demand or action brought by a third party against kreativa.co: (1)
in connection with your use of the Services including any payment obligations incurred through use of the Kreativa
Safe Payment Services; or (2) resulting from: (a) your use of the Site (b) your decision to supply credit information
via the Site, including personal financial information; (c) your decision to submit postings and accept offers from other
Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through
the Site; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of
payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of
yours with respect to the payment of fees to any Agency; (i) your dispute of or failure to pay any Invoice or any other Payment;
or (j) your obligations to a Agency. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any
such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement
thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through
our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the
applicable government agencies or otherwise.
Links. The Site may contain links to third-party web sites not under the control or operation of kreativa.co.
When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any
linked site or any link contained in a linked site.
Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and
any registration for or subsequent use of this Site will not be construed as creating any responsibility on kreativa.co’s part
to store, backup, retain, or grant access to any information or data for any period.