Terms of Use

Last updated: January 01, 2025

These Terms of Use ("Terms of Use") are set forth by Creator Codes Inc. (“Creator Codes,” “us,” or “we”). These Terms of Use and our Privacy Policy (incorporated herein by reference) govern your use of our online services, any content or information therein, the creatorcodes.com website (including any subdomains of creatorcodes.com), and/or any of our mobile applications, websites, or browser extensions on which services are provided by us (collectively, the "Site").

By accessing this Site, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms of Use, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.

1. Arbitration

These Terms of Use are subject to an arbitration provision and include a waiver of the right to bring an action in court. Please see the Dispute Resolution section below for more details.

2. Accessibility

If you are having any trouble accessing these Terms of Use or the Site, please contact us at +1 (302) 918-5874. Our hours of operation are Monday – Friday, 9am-5pm ET. We use third-party tools and services to review and monitor the accessibility of the Site and are regularly seeking to improve its performance.

3. Use of the Site

Use of this Site is solely for your personal and non-commercial use. Except as may be explicitly permitted through this Site, you agree not to:

  • Save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, catalogue, aggregate, or create derivative works from materials, code, or content on or from this Site;
  • Systematically retrieve data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Creator Codes;
  • Exceed your permitted access or try to automate what are otherwise manual interactions with the Site.

Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

4. Account Management

In order to use or access the Site, you must become a registered user using your email address. Your account is for your sole, personal use; you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your account and will be solely liable for any use or unauthorized use under your credentials.

We may suspend or terminate your access to the Site, in whole or in part, at any time with or without notice, including for any violation of these Terms of Use.

You hereby grant Creator Codes the right to monitor your account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your Creator Codes account, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of your account.

You may cancel your account at any time. If you cancel your account, any features, benefits, or data associated with your account may be lost, and we are not liable for such loss.

5. Limitation of Liability

THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS," AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT WE SHALL NOT BE BOUND BY ANY SUCH ERRORS. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

IN NO EVENT WILL CREATOR CODES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF CREATOR CODES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CREATOR CODES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL CREATOR CODES BE LIABLE TO YOU FOR DIRECT DAMAGES IN EXCESS OF THE GREATER OF (1) THE AMOUNTS CREATOR CODES HAS PAID TO YOU DURING THE PRIOR TWELVE (12) MONTHS OR (2) $100 (USD).

6. Third-Party Sites

You may be transferred to online merchants or other third-party sites through links or frames from this Site. This Site does not sell any goods or services to consumers, and nothing on this Site shall be construed as an offer to sell anything or enter into any kind of business relationship. Any purchases you make will be through other websites and from other companies. You are cautioned to read such sites' terms and conditions and all policies—including those regarding sales, returns, warranties, and privacy—before using such sites. You are also cautioned to carefully read the terms and conditions of any discounts, specials, deals, contests, or promotions from these merchants.

Creator Codes shall not be responsible for any inaccuracies, misrepresentations, product or service liability, offensive or illegal materials, lack of availability, viruses or other computer problems resulting from use of such sites, or any liabilities resulting from the terms and conditions of other sites. Creator Codes does not guarantee any content on such sites or anything offered by third parties. You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using any discounts, promotions, or other information listed on this Site. You agree that Creator Codes and its licensors and advertisers shall have no liability whatsoever from such third-party sites or your usage of them.

7. Indemnification

You agree to defend, indemnify, and hold harmless Creator Codes, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries, and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents, and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to:

  1. your use of and access to this Site, or any services, information, or products from this Site;
  2. your violation or breach of any of these Terms of Use or your representations and warranties;
  3. your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or
  4. any claim that one or more of your submissions to the Site has caused damage to a third party.

This defense and indemnification obligation will survive your use of the Site. Creator Codes reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnified parties listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.

8. Revisions

The materials appearing on Creator Codes' Site could include technical, typographical, or photographic errors. Creator Codes does not warrant that any of the materials on its Site are accurate, complete, or current. Creator Codes may make changes to the materials contained on its Site at any time without notice. Creator Codes does not, however, make any commitment to update the materials.

9. Links

Creator Codes has not reviewed all of the sites linked to this Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Creator Codes of the site. Use of any such linked web site is at the user's own risk.

10. Site Terms of Use Modifications

Creator Codes may revise these Terms of Use at any time without notice. By using this Site, you are agreeing to be bound by the then-current version of these Terms of Use.

11. Dispute Resolution

These Terms of Use will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. By visiting the Site, you agree that, except as otherwise specified herein, the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Site.

Initial Notice

We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by email, and advise the other party of the dispute in reasonable detail, as well as inform the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: help@creatorcodes.com, and must include the words "DISPUTE NOTICE" in the subject line. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

Arbitration

ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Use, except for matters that fall within the jurisdiction of your local small claims court, which may be pursued in that court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury.

You agree that any dispute arising out of or relating to these Terms of Use, including with respect to the interpretation of any provision of these Terms of Use or other agreements between you and us, or concerning the performance or obligations of you and/or us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its rules and Consumer Arbitration Standards at the request of either party. The following conditions apply:

  1. Place of Arbitration Hearings
    Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.

  2. Selection of Arbitrator
    Selection shall be pursuant to JAMS' Streamlined Arbitration Rules & Procedures or its Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim.

  3. Conduct of Arbitration

    • If your claim does not exceed $1,000.00, the arbitration shall be conducted by a single neutral arbitrator under JAMS' Streamlined Arbitration Rules & Procedures.
    • For claims exceeding $1,000.00, the arbitration shall be conducted under JAMS' Comprehensive Arbitration Rules & Procedures.
    • Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of arbitration.
    • The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Use, except as necessary to comply with JAMS' Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness.
    • The arbitration hearing shall be commenced promptly and conducted expeditiously.

  4. Findings and Conclusions
    The arbitrator(s) shall prepare and distribute to the parties written findings of fact and conclusions of law relevant to the judgment and award, containing an opinion setting forth the reasons for any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

  5. Costs and Fees
    You will be subject to a filing fee set by JAMS to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. We will remain responsible for our share of costs, expenses, and fees plus any costs, expenses, and fees required under JAMS procedures.

  6. Litigation
    The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. Either party may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or the arbitral tribunal's determination of the merits of the controversy).

12. Class-Action Waiver

Any arbitration, claim, or other proceedings by or between you and us shall be conducted on an individual basis and not as a class action or proceeding, mass action, or on a consolidated or representative basis. The arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If, for any reason, a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class-Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

13. Contact

California Residents

Under California Civil Code Section 1789.3, residents of California who use this Site are entitled to know that they may file grievances and complaints with:

Complaint Assistance Unit of the Division of Consumer Services
California Department of Consumer Affairs
400 R Street, Suite 1080, Sacramento, CA 95814
Telephone: (916) 445-1254 or (800) 952-5210
Email: dca@dca.ca.gov

Questions or Concerns

If you have any questions about these Terms of Use or the Site, please send an email to help@creatorcodes.com, or send physical mail to:

Creator Codes Inc. 2810 N Church St PMB 366319 Wilmington, DE 19802-4447