Terms and Conditions

These terms and conditions outline the rules and regulations for the use of KreativaKit Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use KreativaKit‘s website if you do not accept all of the terms and conditions stated on this page.

Refund policy

No Refunds on individualy bought items: User warrants that he inspected the Item and that it is adequate to his needs. Accordingly, as The Item is intangible goods, User shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Item contains material flaws. We recommend contacting us for assistance if you experience any issues receiving or downloading our products.

You can easily cancel your subscription at any time. There are no cancellation fees, though no refunds are provided for prorated periods.

Subject Matter of the Terms

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Romania. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

  • Subject to these Terms, by accepting these Terms of the KreativaKit (the “Site”), you become a user (the “User”) of the Site, and the Site shall provide you with your chosen services, websites and applications (the “Service”).
  • Your access to and use of the Site and the Service is conditioned on your acceptance of and compliance with these Terms.
  • By subscribing to any Service on the Site, You will have the option to accept the Terms. Your subscription shall not be confirmed until you accept the Terms
  • By using PayPal to handle payments you also agree to PayPal Acceptable Use Policy
  • By using Braintree to process the credit card information and handle payments you also agree to Braintree Acceptable Use Policy

Definitions

KreativaKit is a creative community and marketplace where people can buy and sell creative content like digital creative content (“Goods”). The goods, services and any other products of the User to be delivered through the Site in accordance with these Terms.

Our Service allows for the purchase and sale of Goods by a buyer (“Buyer”) from a seller (“Seller”) of such Goods. The website of the User, where the Goods are disposed, advertised and where sale-purchase or other agreements are entered into between the User and the End Customer (“Buyer”).

“Intellectual Property” shall be any works, creations, inventions, designs, know-how, computer programs, software, source codes, documents, products, processes, materials, brands, trademarks, images, and any other similar non-material assets, and any part thereof, distributed by the User (“Seller”).

“Intellectual Property Rights” shall mean patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or non-registered and including all applications (and rights to apply for such rights as mentioned under this paragraph), and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world that can in any way be related to what is offered by the User.

Obligations, Warranties and Representations

KreativaKit has the right to terminate your account without notice at any time, if any representation or warranty specified hereinafter is untrue in any respect.

By accepting the Terms, the User warrants and represents the following:

  1. The User shall be the sole User of the Site, you shall maintain all logins and usernames confidential. Should any third person use your login and username, You shall be liable for any actions of such third person.
  2. You are at least eighteen (18) years old, unless the law applicable to You establish other age of majority.
  3. The User has the legal capacity and authority to:
    1. enter into binding contracts of any nature; if you represent a legal entity, you represent and warrant that you are fully and legally authorized to act on behalf of this legal entity,
    2. undertake and fulfill these Terms,
    3. subscribe to and use the Service and the Site, including, where applicable, the buying, selling and listing of items, in accordance with these Terms.
  4. The User shall not use the Site for any purpose and in any way that is illegal in accordance with law applicable to these Terms and your home law, or prohibited by these Terms.
  5. All information supplied by You is true and accurate, including information submitted as part of the registration and subscription process.
  6. The User have the right to legally advertise, sell or otherwise distribute any and all your Goods, including, but not limited to, the Goods distributed on your Website or otherwise; you and/or the legal entity represented by have created and/or have obtained all licenses, permissions, agreements and other consents from the authors, inventors and any other holders of Intellectual Property Rights to the Goods or any part thereof; and that all sales and advertisements will be in compliance with applicable legal requirements, including, but not limited to, your products and services, and any your actions:
      1. Does not infringe any Intellectual Property Rights
      2. Does not infringe any rights or other persons
      3. Does not infringe any human rights
      4. Is in compliance with the applicable legal provisions, including, but not limited to, laws of advertising, competition, copyrights and related rights, etc.
      5. Is compatible with best practices applicable to your business or other activity.Without limiting the foregoing, the User is prohibited to disseminate and distribute any of the following:
    1. Counterfeited and any other illegal products, including, but not limited to, those infringing any Intellectual Property Rights or other rights, such as music; movies; eBooks; games; videos; photographs and software;
    2. Identity documents, personal financial records or personal information (in any form, including mailing lists);
    3. Any illegal material, including, but not limited to, obscene material, any kind of pornography, offensive material, hate speeches, etc.;
    4. Stocks or other securities; or
    5. Any products that are obtained by illegal means.

Any personal information, following which a natural person can be identified, shall be collected, used, or stored, in accordance with the Privacy Policy of KreativaKit and in accordance with the applicable legal provisions.

For any issues concerning the legitimacy of the Goods, the applicable legal provisions shall apply, and the User shall cooperate and put all reasonable efforts, present responses and any assistance to KreativaKit, in case of any investigation of the legitimacy of the Goods.

The User agrees that any Goods might be removed from the Site by KreativaKit at any time at its own discretion in accordance with applicable legal provisions.

License

Unless otherwise stated, KreativaKit and/or it’s licensors own the intellectual property rights for all material on KreativaKit All intellectual property rights are reserved. You may view and/or print pages from KreativaKit for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from http://KreativaKit
  • Sell, rent or sub-license material from http://KreativaKit
  • Reproduce, duplicate or copy material from http://KreativaKit

Redistribute content from KreativaKit (unless content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    • Government agencies;
    • Search engines;
    • News organizations;
    • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (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.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    • dot.com community sites;
    • associations or other groups representing charities, including charity giving sites,
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms whose primary clients are businesses; and
    • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of KreativaKit; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

Approved organizations may hyperlink to our Web site as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of KreativaKit’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

KreativaKit, ITS SUPPLIERS, AND SERVICE PROVIDERS, PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. EPICPXLS, ITS SUPPLIERS, AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES.

BY ACCEPTING TO THESE TERMS, THE USER EXPRESSLY AGREES THAT THIS SECTION 7 IS AN ESSENTIAL ELEMENT OF THESE TERMS AND THAT, IF SUCH SECTION IS ABSENT, THE ECONOMIC TERMS OF THESE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

IN NO EVENT SHALL KreativaKit, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE.

KreativaKit, ITS SUPPLIERS, AND SERVICE PROVIDERS, CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS, TO THE USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES THE USER HAS PAID TO KreativaKit FOR THE SERVICES DURING ONE (1) YEAR IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE.

Miscellaneous

These Terms, the entering into the Terms, the termination of the Terms, etc., are governed by the laws of the Republic of Romania. Any and all claims, legal proceedings, or litigation, arising in connection with the Service or these Terms shall be brought solely in the Republic of Romania, and the User consents to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

The failure of KreativaKit to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we shall notify the User via email associated with the User’s KreativaKit account in advance, before reasonable term of time. By continuing to access or use the Service after those revisions become effective, the User agrees to be bound by the revised Terms.