SITE TERMS OF USE

SITE TERMS OF USE

Effective:  June 17, 2020



Your Consent
Welcome to https://borncreativeagency.com/ (the “Site”), the official website for Born Creative, LLC (“Born Creative” or “we” “us” or “our”), which includes our Design on Demand interactive subscriber portal for registered subscribers. These Terms of Use govern your activities on the Site as a visitor or as a subscriber to our Design on Demand services.

These Terms of Use are a legally binding contract between you and us. Please read them carefully. By accessing or using this Site you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site. These Terms of Use also apply to your use of the Design on Demand portal if you become a subscriber by entering into the Agreement for Born Creative Design on Demand Services.

Privacy Policy
Our Privacy Policy, at borncreativeagency.com/privacy-policy/, is incorporated into and made part of these Terms of Use. Our Privacy Policy describes how we collect, use, and may share information collected when you access or use our Site, including the Design on Demand portal.

Modifications
We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site and update the “Effective Date” above to reflect the date of the changes. You are encouraged to review the most current version of the Terms of Use at any time by visiting this page, and by visiting our Privacy Policy. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

Usage Requirements
We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this Site and update the “Effective Date” above to reflect the date of the changes. You are encouraged to review the most current version of the Terms of Use at any time by visiting this page, and by visiting our Privacy Policy. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

  1. If you do not agree to abide by these or any future Terms of Use, please do not access or use the Site.
  2. By using this Site, you certify that you are 18 years of age or older; we do not provide services to, or intentionally collect information from, individuals under age 18.
  3. We reserve the right to deny access to the Site or any features on the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes on rights of others.

Site Content Ownership
All right, title and interest in and to this Site, all of its posted materials, and all intellectual property rights included in or associated with the Site including, but not limited to, patents, copyrights, trademarks, service marks, logos and trade secrets (collectively “Content”) are either owned or licensed for use by Born Creative. Visitors to our Site may view and interact with our Content while on the Site. However, unless expressly authorized in these Terms of Use or in a separate license agreement with Born Creative, you do not have any right or permission to:

  • Copy, distribute, re–publish, upload, remove, post, create or attempt to create any derivative works, modify, reverse-engineer, or transmit or otherwise utilize our Content;
  • Reproduce or use modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Content;
  • Remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content; or
  • Use the Site or the materials available on the Site in a manner that constitutes an infringement of these rights.

Limitations on Linking and Framing
You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship, endorsement, affiliation or other connection of your website or service by Born Creative. However, you may not, without our prior written permission, frame or inline link or deep link any of the content of our Site, or incorporate into another website or other service any of our material, Content or other intellectual property.

Design on Demand Subscription
This Site offers the Design on Demand interactive portal and may offer optional features available only to registered subscribers on a fee basis. Site visitors may read and search the Site without registering, but will not able to access the Design on Demand portal or other features requiring registration. The Agreement for Born Creative Design on Demand Services is available here: www.borncreativeagency.com/subscriber-agreement. The use of information you provide to in subscribing for and using the portal is governed by our Privacy Policy.

Responsibility for Your User Name and Password
In order to use our Design on Demand portal, you will need a user name and password, which will be set up through the subscription process. We reserve the right to reject or terminate the use of any user name that we deem offensive or inappropriate. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Linking and Third Party Content
The Site also may contain links to third–party websites and social media platforms not under the control or operation of Born Creative. We provide these links only as a convenience. When you activate a third-party link, you are directed away from our Site to the third party’s website, which is governed by its own terms and conditions and privacy policy. Born Creative does not endorse, is not responsible for, or have control over the contents of any linked site. You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other malware or undesirable content. The Site also may contain news, advertisements, content, and information published by various third–party providers. Use of any third–party content is subject to the third party’s terms and conditions.

Laws and Regulations
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding: (i) use of the Site and its Content and (ii) release of information to and retrieval of information from the Site. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Site, as applicable, to any applicable government agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that Born Creative may access, preserve and disclose your information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any submission violates the rights of third parties; or (iv) protect the rights, property or personal safety of Born Creative, its users and members, and/or the public.

Indemnification
You agree to indemnify, save, defend, reimburse and hold harmless Born Creative, its officers, directors, shareholders, partners, employees, and representatives from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (i) your use of the Site; (ii) your breach of any provision of these Terms of Use and/or (iii) your violation of any rights of another, whether by action or omission.property or personal safety of Born Creative, its users and members, and/or the public.

Compatibility
You acknowledge and agree that Born Creative, regardless of the device or form factor chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.

Disclaimer of Warranties
BORN CREATIVE PROVIDES THE SITE AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. BORN CREATIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, AND/OR SERVICES PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, BORN CREATIVE DOES NOT WARRANT THAT THE SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.

Limitation of Liability
BORN CREATIVE SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, AND EXPERIENCES PROVIDED VIA THE SITE. BORN CREATIVE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF BORN CREATIVE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY BORN CREATIVE. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, BORN CREATIVE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.

Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms of Use or the Site shall be heard exclusively in the courts, state, and Federal, located in the Commonwealth of Pennsylvania and you hereby consent to the jurisdiction and venue of such courts. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement
These Terms of Use, including any terms incorporated by referenced into the Terms of Use, constitute the entire understanding and agreement between us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, with respect to the subject matter hereof. In event of any conflict or inconsistency between the provisions in these Terms of Use and the terms of an individual subscription agreement for Design on Demand or other Born Creative services, the terms of the individual subscription agreement will prevail.

Waiver
No failure or delay by either party in exercising any right under the Terms of Use, including the Privacy Policy, will constitute a waiver of that that right. No waiver under the Terms of Use will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability
If any provision of the Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms of Use will remain in effect.

Contact Information
If you have any questions about these Terms of Use or the practices of this Site or our Services, please contact us at:

E-mail: contact@borncreativeagency.com
Address: 1426 N. 3rd Street, Suite 310, Harrisburg, PA 17102