Acceptance of Terms
1.1 Agreement to Terms
By creating an account, uploading content, or using any feature of KreAtfy, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
1.2 Age Requirement
You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not use this Service under any circumstances.
1.3 Modifications
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on the Platform. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.
1.4 Additional Terms
Certain features may be subject to additional terms and conditions, which will be presented to you at the time of use.
User Accounts and Responsibilities
2.1 Account Creation
You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials.
2.2 Account Security
You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.
2.3 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without cause, with or without notice, for any violation of these Terms or for any other reason at our sole discretion.
2.4 Account Transfer
You may not transfer, sell, or share your account with any other person or entity.
Content Ownership and License
3.1 Your Content Ownership
You retain all ownership rights to the content you upload (“Your Content”). However, by uploading content to KreAtfy, you grant us certain rights as described below.
3.2 License Grant to Platform
By uploading Your Content, you grant KreAtfy and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to:
- Host, store, reproduce, and distribute Your Content
- Display, perform, and transmit Your Content through the Service
- Transcode, reformat, and create derivative works for technical purposes
- Promote Your Content on the Platform and affiliated services
- Use Your Content for marketing and promotional purposes
This license continues even if you stop using our Service, but you may terminate it by deleting Your Content from the Platform.
3.3 Content Representations and Warranties
By uploading content, you represent and warrant that:
- You own or have the necessary rights, licenses, and permissions to upload and share Your Content
- Your Content does not infringe or violate any third-party rights, including copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights, or any other intellectual property or proprietary rights
- Your Content complies with these Terms and all applicable laws
- You have obtained all necessary permissions, releases, and consents from any individuals appearing in Your Content
- Your Content does not contain any viruses, malware, or harmful code
3.4 No Obligation to Use
We are under no obligation to use, display, or distribute Your Content. We may refuse to accept or transmit Your Content for any reason.
Prohibited Content and Conduct
4.1 Content Restrictions
You agree NOT to upload, post, or transmit any content that:
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
- Violates any law, statute, ordinance, or regulation
- Is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful
- Contains explicit or graphic sexual content involving minors
- Promotes violence, discrimination, or hatred against individuals or groups
- Contains personal information of others without permission
- Impersonates any person or entity
- Contains false, misleading, or fraudulent information
- Promotes illegal activities or substances
- Contains spam, advertising, or promotional content (unless authorized)
- Contains malicious code, viruses, or any harmful technology
4.2 Prohibited Activities
You agree NOT to:
- Violate any applicable laws or regulations
- Upload content you do not have rights to
- Harass, threaten, or intimidate other users
- Attempt to gain unauthorized access to the Service or other user accounts
- Interfere with or disrupt the Service or servers
- Use automated systems (bots, scrapers) without permission
- Reverse engineer, decompile, or disassemble any part of the Service
- Remove or alter any copyright, trademark, or proprietary notices
- Frame or mirror any part of the Service
- Sell, rent, or commercialize access to the Service
- Manipulate view counts, likes, or other engagement metrics
- Create multiple accounts to evade restrictions or bans
Copyright and Intellectual Property
5.1 Platform Ownership
All content, features, functionality, design, text, graphics, logos, images, software, and other materials on KreAtfy (excluding Your Content) are owned by KreAtfy and are protected by copyright, trademark, and other intellectual property laws.
5.2 Trademarks
KreAtfy name and logo are trademarks of KreAtfy. You may not use our trademarks without prior written permission.
5.3 DMCA Compliance
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, please contact us at legal@kreatfy.com with:
- Identification of the copyrighted work
- Identification of the infringing material and its location
- Your contact information
- A statement of good faith belief that use is not authorized
- A statement that the information is accurate and you are authorized to act
- Your physical or electronic signature
5.4 Counter-Notification
If your content was removed due to a DMCA notice and you believe it was removed in error, you may submit a counter-notification with:
- Identification of the removed content
- A statement under penalty of perjury that removal was a mistake
- Your contact information and consent to jurisdiction
- Your physical or electronic signature
5.5 Repeat Infringer Policy
We will terminate accounts of users who are repeat copyright infringers.
Content Moderation and Removal
6.1 Right to Remove Content
We reserve the right to review, monitor, remove, or refuse any content at any time for any reason, with or without notice, including but not limited to:
- Violation of these Terms
- Copyright infringement claims
- User reports or complaints
- Illegal content
- Content we deem inappropriate or harmful
6.2 No Obligation to Monitor
We are not obligated to monitor content uploaded by users. We act as a platform provider and do not endorse or verify user content.
6.3 Automated Systems
We may use automated systems and algorithms to detect and remove prohibited content.
6.4 Appeals
If your content is removed, you may appeal the decision by contacting us at legal@kreatfy.com. We will review appeals but decisions are final.
Monetization and Payments
7.1 Pay-Per-View Content
If you enable Pay-Per-View for your content, you agree to:
- Set prices in accordance with platform guidelines
- Provide accurate descriptions of paid content
- Not mislead users about content value or pricing
- Comply with all tax obligations
7.2 Platform Fees
KreAtfy may charge transaction fees, platform fees, or service fees as disclosed at the time of transaction or in separate payment terms.
7.3 Revenue Sharing
If applicable, revenue sharing terms will be provided separately and incorporated by reference.
7.4 Payment Processing
Payments are processed through third-party payment processors. You agree to comply with their terms of service.
7.5 Refunds
Refund policies for Pay-Per-View content are at our discretion unless required by law. Generally, digital content purchases are final.
7.6 Chargebacks
Excessive chargebacks may result in account suspension or termination.
7.7 Tax Responsibilities
You are solely responsible for all taxes, duties, and fees related to your use of the Service and any income earned.
Disclaimers and Limitations of Liability
8.1 “AS IS” Service
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
8.2 No Warranty
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- The results obtained from use will be accurate or reliable
- Any errors or defects will be corrected
- The Service will meet your requirements
8.3 Content Disclaimer
We do not endorse, verify, or guarantee the accuracy, completeness, or usefulness of user content. You use all content at your own risk.
8.4 Limitation of Liability
To the maximum extent permitted by law, KreAtfy and its officers, directors, employees, agents, suppliers, and affiliates shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, use, goodwill, or other intangible losses
- Damages resulting from user content
- Unauthorized access or alteration of your content or data
- Statements or conduct of any third party
- Any matter beyond our reasonable control
The total liability of KreAtfy for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months prior to the claim, or $100, whichever is greater.
8.5 Indemnification
You agree to indemnify, defend, and hold harmless KreAtfy and its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Your use of the Service
- Your Content
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws
Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction governing KreAtfy’s operations, without regard to its conflict of law provisions.
9.2 Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property infringement.
9.3 Class Action Waiver
You and KreAtfy agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class action, consolidated action, or representative action.
9.4 Informal Resolution
Before filing any claim, you agree to contact us at legal@kreatfy.com to attempt informal resolution for at least 30 days.
9.5 Jurisdiction
If arbitration is not enforceable, you agree to submit to the personal and exclusive jurisdiction of the courts located in the applicable jurisdiction governing KreAtfy’s operations.
Third-Party Services
10.1 Third-Party Links
The Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites.
10.2 Third-Party Terms
Your use of third-party services is subject to their respective terms and conditions.
10.3 No Endorsement
Inclusion of links does not imply endorsement of the third-party service.
Privacy
11.1 Privacy Policy
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference.
11.2 Data Collection
We collect, use, and share your information as described in our Privacy Policy.
11.3 Content Analytics
We may analyze Your Content and viewing patterns to improve the Service and provide recommendations.
Termination
12.1 Termination by You
You may terminate your account at any time by contacting us or using account deletion features.
12.2 Termination by Us
We may suspend or terminate your account immediately, without notice, for:
- Violation of these Terms
- Fraudulent, illegal, or harmful activity
- Risk to the Service, users, or third parties
- Extended inactivity
- Any reason at our sole discretion
12.3 Effect of Termination
Upon termination:
- Your right to use the Service immediately ceases
- We may delete Your Content (unless required to retain by law)
- Sections that should survive termination will remain in effect
12.4 Survival
Sections regarding ownership, licenses granted to us, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.
General Provisions
13.1 Entire Agreement
These Terms constitute the entire agreement between you and KreAtfy regarding the Service.
13.2 Severability
If any provision is found to be unenforceable, the remaining provisions will remain in full effect.
13.3 Waiver
Failure to enforce any right or provision does not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer these Terms without our consent. We may assign these Terms without restriction.
13.5 Force Majeure
We are not liable for any failure to perform due to circumstances beyond our reasonable control.
13.6 No Agency
No agency, partnership, joint venture, or employment relationship is created by these Terms.
13.7 Notices
Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@kreatfy.com.
13.8 Export Control
You agree to comply with all export and import laws and regulations.
13.9 Government Users
If you are a U.S. government entity, the Service is a “Commercial Item” as defined in 48 C.F.R. §2.101.
13.10 Language
These Terms are written in English. Any translations are for convenience only.
Contact Information
If you have questions about these Terms, please contact us:
- legal@kreatfy.com
- Website
- https://kreatfy.com
- Related
- Privacy Policy
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