Terms of Use

1.Acceptance

These Terms of Use shall govern your use of the constative.com website, any Constative Software/Applications for mobile devices you download, any other Constative online service you access, including any updates, new versions or new releases thereof (any and all of the foregoing are referred to collectively and individually as the "Service"). The Service is provided by Constative.com. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING AND/OR DOWNLOADING THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY AND HEREBY CONSENT TO THESE TERMS OF USE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE, ACCESS OR DOWNLOAD THE SERVICE.

2. Registration
To use certain aspect of the Service you may need to register and create an account with a username and a password. You may need to provide Us with certain personal and other information. We may verify your email address before your account can be used.

You agree to provide truthful and complete information when you register for the Service and to keep that information updated. You must take due care to protect your username and password against misuse by others and promptly notify Us about any misuse. You are personally responsible for any use of the Service.

3. Termination.
You may terminate your registration if you no longer wish to use the Service. After termination, you will no longer have access to certain aspects of the Service that requires registration. We may terminate your registration or restrict your access to certain parts of the Service if we reasonably believes that you have breached the Terms.

4. Licenses
We do grants you a non-exclusive, non-transferable license, revocable at any time at our sole discretion, to access and use the Service strictly in accordance with the Terms. Use of the Service does not grant you any intellectual property rights in or to any information or content in the Service.

As part of the Service, Constative may provide you with content developed us or its licensors ("Content"). We grants you a non-exclusive and perpetual license to use Content for the purpose it is intended, unless otherwise defined in the applicable Terms or the purchase order. You are bound by any restrictions applicable to specific Content you obtain through the Service. Any license acquired to third-party Content is a binding agreement between you and the third-party Content provider. You have only the rights to the Content which are expressly granted here.

As part of the Service, We may provide you with certain Software/Applications developed by us or, its licensors ("Software"). Your use of the Software may be subject to separate terms and conditions that you must accept before using the Software. If there are no separate terms and conditions applicable to such Software, the following terms apply: Constative.com grants to you a limited, non-exclusive, non-transferable right to install and use the Software/Applications on your computer and/or mobile device. You may not copy the Software/Applications, except to make a single archival backup copy. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, rent, lease, reverse engineer, or otherwise attempt to discover the source code of or make derivative works of the Software/Applications. For open source licensed software, applicable open source license terms apply.

You may be able to submit information or content ("Material") to the Service. Constative.com does not claim ownership in your Material. Your submission of Material does not transfer ownership of rights of the Material to Us (except you are employed by Us to create the material). Constative.com is only transmitting the Material and is not responsible for editorial control over it. By submitting Material to the Service you grant Us a world-wide, non-exclusive, sub-licensable, assignable, fully paid-up, royalty-free, perpetual and irrevocable license to use, copy, publicly perform, display, distribute in any media and modify the Material to incorporate the Material into other works, and to grant similar sublicenses to the extent necessary for Us to provide the Service. You may be able to adjust this grant in the privacy and other settings of the Service.

You are solely responsible for taking backup copies of the data you store on the Service, including Content you upload. If the Service is discontinued or canceled, We may permanently delete your data. We have no obligation to return data to you after the Service is discontinued or canceled.

5. Using the Service
You agree to:

  • Comply with applicable US laws, the Terms and good manners;
  • Use the Service only for your personal, non-commercial purposes;
  • Not submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, libelous, blasphemous, defamatory, obscene, pedophilic, invasive of another's privacy, hateful, racially or ethically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise inappropriate material.
  • Not to upload or share any information that impersonates another person, threatens the unity, integrity, defense, security of the United States.
  • Obtain any consents, permission or licenses that may be legally required for you to submit any Material;
  • Respect the privacy of others;
  • Not distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses; or
  • Not use any other technologies or initiate other activities that may harm the Service, or the interest or property of the Service users.
  • Not to use any automated systems or means to access, acquire, copy or monitor any part of the service.
  • Be responsible for the consequences related to the Material that you post.
  • To report any abuse of the above terms info@constative.com.

We may but have no obligation to:

  • Monitor or moderate any Content or Material;
  • Remove any Material from the Service; and
  • Restrict access to any part of the Service at any time in its sole discretion.

 

6. Content
Before downloading or accessing any Content, please check whether the Content which you wish to access is restricted by age or marked as potentially 'offensive' or 'explicit'. You agree that Constative.com shall not be responsible for any claims or offense caused or suffered by you accessing such Content. You agree:

  • To use the Content only for your personal, non-commercial purposes;
  • To use the Content in accordance with the restrictions set out in the applicable laws, additional terms, guidelines and policies or on the product pages that apply to that particular piece of the Content;
  • Not to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise Constative.com promptly of any such unauthorized use;
  • Not to remove, circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any applicable usage rules or attempt to circumvent digital rights management or copy protection features associated with the Content or any other technologies used to control the access to or use of the Content or its identifying information;
  • Not to use any automated systems or means, except for those provided by us, for the selection or downloading of the Content;
  • Not to give out your password or otherwise allow other people to access the Content. The restrictions on copying that apply to applicable media also apply to the Content accessed as part of this Service.

The Content is owned and/or controlled by Constative.com and/or its respective licensors and is protected by intellectual property laws. The third party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed and for any claims you may have relating to that Content or your use of that Content. However, We reserves the right to enforce the third party Content license terms against you as a third party beneficiary of those terms. The third party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. We may be acting as an agent for third party Content provider in providing the Content to you. We are not a party to the transaction between you and the third party Content provider for such Content.

7. Notices
We may post notices within the Service. We may also send you notices about products and Services to the email address or telephone number you have provided to us. You are deemed to have received such notices at the latest within seven (7) days from Us sending or posting those. Your continued use of the Services constitutes your receipt of all notices regardless of delivery method.

8. Fees
Your use of the Service may be or may become subject to charges.
Use of the Service may involve transmission of data through your service provider's network. Prices listed within the Service do not include possible data transmission, text message, voice or other service provision charges by your network service provider.

Constative.com assumes no responsibility for the payment of any charges of your service providers.

9. Order and Payment Terms
"Order" shall mean the selection of payable Content and/or subscription to Content offered by Constative.com and available in the Service and submission of payment method, as well as submitting the order by selecting the "buy", "ok", "I accept" or other similar confirmation of acceptance in the order flow or providing other indication of acceptance terms that are presented to you in the order flow.

You agree that all Orders shall be legally valid and binding. All Orders are subject to acceptance by Us.

You may pay by credit or debit card, network service provider billing, through banks, or other payment methods if available.

Your credit or debit card must have a billing address in the country where the Content is offered by the Service. Constative.com (directly or through it's authorized vendors) will charge your credit card or debit your bank account within a reasonable time after you have made your Order. All credit card payments are subject to validation checks and authorization by the card issuer.

If you choose network service provider billing, charges will appear on your mobile phone bill or be deducted from your prepaid account if it is a prepaid account. Some network service providers may subject your usage of the Service to additional terms and conditions including placing limits on the amount of charges possible with network service provider billing. Charges in excess of network service provider limits or account balance may be rejected.

You agree to pay the charges related to your Order, to ensure that the instrument of payment is valid at the time of the Order, that you are the rightful holder of the instrument and that the instrument is used within its credit limits.

The Content that is delivered is licensed to you. You agree to use such Content solely as permitted in these Terms and in any additional terms that you may be presented in the order flow.

The Service may offer subscriptions. You authorize the Service to place a periodical charge during the period of the subscription. The Service may also offer a trial period. If your Order involves a trial period (also known as try-and-buy), you may be charged when the trial period expires, unless you cancel in accordance with the subscription/trial terms.

The prices in the Service may change from time to time. Prices include applicable taxes in effect at the time of your transaction, unless otherwise stated. There may be instances where you incur additional charges from your bank or credit card provider based on currency conversion rates used and/or additional fees assessed.

Constative.com sites ("Site") are own by:
Trending Social Media
The Republic of Seychelles
We can be reached by e-mail at info@constative.com

DMCA

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    • 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 you, such as an address, telephone number, and, if available, an electronic mail;
    • A statement that you have 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; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  1. Our designated Copyright Agent to receive notifications of claimed infringement is: info@constative.com.
    • For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the company's customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 9, your DMCA notice may not be valid.
  2. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
    • Your physical or electronic signature;
    • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
    • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  3. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

 

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