The Crème Site is not targeted towards, nor intended for use by, anyone under the age of 17. By using the Crème Site, you represent and warrant that you are 17 years of age or older. If you are not at least 17 years of age, do not access, use, register for the Crème Site unless approved by a parent or guardian and provided proper consent. In the event we become aware you are under 17 and use this Site without proper parental or guardian consent, we will terminate your registration.
You agree and understand that the Crème Site, including any and all features available via the Crème Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Crème Site implemented after your initial access to the Crème Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Crème Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "User Content"). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the Crème Site.
In order to access some features of the Crème Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the Crème Site. By registering, you will also be enrolled as a member of Crème and must agree to the Crème Terms and Conditions. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel, a User ID in our discretion.
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Crème grants you a limited license to make personal use of the Crème Site. This license grant does not include: (a) any resale or commercial use of the Crème Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Crème Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Crème Site. Except as noted above, Users of the Crème Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Crème or any third party.
You may not use, frame or utilize framing techniques to enclose any Crème graphic, name, trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Crème express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Crème’s name, graphic, trademark, logo, or product name without Crème’s express written consent.
Any unauthorized use of the Crème Site will terminate the permission or license granted by these Terms and may violate copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Permitted uses of the Crème Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the Crème Site for User Content (as defined herein) and business or product information, and purchasing goods or services from the Crème Site for personal use, not for resale. You may also invite people you know to join the Crème Site. You acknowledge and agree that we do not control the User Content posted to the Crème Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Crème Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of Crème. You understand that, by using the Crème Site, you may be exposed to User Content that is offensive, indecent or objectionable.
Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):
Crème retains the right to remove any User Content from its websites that in Crème’s sole discretion violates any of the restrictions or guidelines defined in these Terms.
If you believe any User Content or any other aspect of the Crème Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information:
The designated copyright agent for Crème can be contacted at: firstname.lastname@example.org, attention: Copyright Agent.
If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
If a counter-notice is received by the Copyright Agent, Crème 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 Crème’s sole discretion.
As between you and us, the Crème Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Crème Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Crème Site are the proprietary property of Crème or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Crème Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Crème Site without the express written permission of the trademark owner.
Nothing in these Terms shall be deemed to grant to you or any other User any license or right or attempted right in or to any patent, copyright, trademark, trade secret or other proprietary right of Crème .
We may display advertisements from third parties on the Crème Site, such as banner advertisements, digital video ads, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein.
Crème may display advertising prints for products offered through a Creme Site. Crème attempts to display the colors of the products shown on the Crème Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you. From time to time, and in our sole discretion, we may change the goods and services which are eligible for as prizes, rewards and gifts.
We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Creme Site after any modifications indicates your acceptance of the modified Terms.
You agree that by entering into these Terms, you and Crème are each waiving the right to go to court to assert or defend your rights under these Terms and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND CRÈME OR XA INTERACTIVE INC., RELATING IN ANY WAY TO THE CRÈME SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE CREME SITE, CREME ’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES CRÈME SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE CRÈME SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
Any User who intends to seek arbitration must first send to Crème, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be sent to email@example.com, Attn: General Counsel.
The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. No arbitration brought under, or with respect to, the Crème Site (including, without limitation, any Crème advertisement or disclosure, any email or mobile SMS (text) message that Crème sends to you, the collection or use of any information about you in connection with the Crème Site), these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Crème and you agree otherwise, the arbitrator may not consolidate more than one User's claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Crème in accordance with this section (but not for any arbitration claim against you) Crème will pay all of your administrative, hearing, and arbitrator's fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Crème will pay its, and you will pay your, lawyers', experts', and witness fees, expenses, and costs with respect to all claims during the arbitration. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST CRÈME OR CRÈME IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE CRÈME OR CRÈME SITES (INCLUDING WITHOUT LIMITATION PRIZES, REWARDS, GIFTS OR OTHERWISE MADE FROM THE CRÈME SITE, CRÈME’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES CRÈME SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE CRÈME SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU, CRÈME, AND CRÈME.
Crème and or you may seek injunctive relief in any state or federal court in Orlando, Florida, USA, and Company(s) and you consent to the exclusive jurisdiction and venue in the state and federal courts in Orlando, Florida, USA for injunctive relief purposes.
By visiting the Crème Site, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Crème.
One or more patents may apply to the Crème Site, and any and all Crème and Crème Websites, Apps, and Intellectual Properties.