Terms of Service
Thank you for using the hiCreo platform and the products, services, and features we make available to you as part of the platform (collectively, the "Sites").
Please read these Terms carefully because they are a binding agreement between You and hiCreo.com, inc. ("hiCreo" or "We").
These Terms govern your use of the websites that link to these Terms. In these Terms, the word "Sites" refers to each of these websites and the services offered on those Sites. You automatically agree to these Terms and our Privacy Statement simply by using or logging into the Sites.
Please note that we offer many services. Your use of hiCreo products or services is provided by hiCreo under a separate, manually, or digitally executed agreement. Those additional terms become part of your agreement with us if you use the services or log into the Sites.
A. Your Accounts
You may be required to create an account and specify a password to use certain services or features on the Sites. To create an account, you must be at least 18 years old, and you must provide truthful and accurate information about yourself. Do not try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
An account may be assigned to you by an administrator, employer, or educational institution. If you are using or logging into an account given to you by an administrator, additional terms may apply to your use of the Sites. Moreover, your administrator may be able to access or disable your account without our involvement.
You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
It is the user’s responsibility to safeguard/backup login information and created data. Any lost or stolen data, due to user negligence, is not the responsibility of hiCreo.
B. Modifications and Termination
We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you do not like any changes, you can stop using our Sites at any time.
C. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, "Content") on the Sites. You can only post content if you own all the rights to that content or if another rights holder has given you permission.
You do not transfer ownership of your content simply by posting it. By posting content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to your content. We will possess the right to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your content. Without those rights, we could not offer our Services. Please note that this license continues even if you stop using our Sites.
You agree to indemnify, release, and hold us harmless from all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
If you decide to cancel your paid or unpaid subscription, we reserve the right to permanently delete your Content from our server. It is your responsibility to backup any Content from the hiCreo server before cancelling.
It is the user’s responsibility to safeguard/backup login information and created data. Any lost or stolen data, due to user negligence, is not the responsibility of hiCreo.
D. Content Posted by Others
We are not responsible for and do not endorse content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
E. Your Use of the Sites
Please do not use the Sites in a way that violates any laws, infringes on anyone's rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms).
It should be common sense, so we will not bore you with a list of things you shouldn't do. But suppose we (in our sole discretion) determine that you have acted inappropriately. In that case, we reserve the right to take down content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.
Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain permission from its owner or us or unless you are otherwise permitted by law.
When you use a Site or send communications to us through a Site, you communicate with us electronically. You consent to receive electronically any communications related to your use of a Site. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. All messages from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting content, creating a user account, providing us with your email address, postal address, or phone number, you agree that our agents or we may contact you according to our Privacy Statement.
F. Intellectual Property
If you believe any Content on the Services infringes your copyrights, you may request that remove the content from the Services.
G. Social Networks
The service may include features that operate in conjunction with certain third-party social networking websites that you visit, such as Facebook, Instagram, YouTube, Vimeo, and Twitter ("Social Network Features"). While these Terms govern your use of the Social Network Features, your access and use of third-party social networking sites and the services provided through the Services are governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
H. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we do not promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER HICREO.COM, INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE "SERVICES ENTITIES") MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES "AS IS. "
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
I. Liability for our Services
EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY'S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, AND COMPUTER FAILURE. VIOLATION OF YOUR RIGHTS AND POSSIBILITY OF THE LEGAL OR EQUITABLE THEORY UPON WHICH ANY PRE-ADVISED THIRD-PARTY BASES THE CLAIM.
J. Payment
Premium subscriber shall pay all fees set forth in all Order Forms. Subscription Fees will be invoiced monthly in advance. All invoices will be due and payable within thirty (30) days of the invoice date. Unless otherwise stated, all fees are non-refundable. Any fees remaining unpaid for more than thirty (30) days past their due date shall accrue interest at a rate of the lesser of 2.5% percent per month or the highest rate allowed by law. hiCreo may also (at its discretion and in addition to other remedies it may have) suspend access to the Service if any invoice remains unpaid for more than 30 days. Unless explicitly stated otherwise, all fees and all references to “dollars” or “$” are to United States Dollars.
The fees do not include sales, use, value-added, or other similar taxes or duties, and any such taxes shall be assumed and paid by the Customer except those taxes based on the net income of hiCreo. hiCreo will invoice premium subscriber any applicable tax.
K. Additional Details
We may modify these Terms at any time, so be sure to check back regularly. You indicate your agreement to the revised Terms by continuing to use or log in to a Site after these Terms have changed. If you do not agree to the changes, you should stop using or logging in to the Sites.
The Sites may contain links to third-party websites. That does not mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Sites may contain ads from third parties. We do not own or endorse any products being advertised.
If you do not comply with these Terms, and we do not act right away, this does not mean we are OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed per the laws, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and your use of the Services resides in the courts located in San Francisco, California. You further expressly agree to submit to the personal jurisdiction of such courts to prosecute any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other condition.
hiCreo accepts and responds to any requests such as disclosure, correction, addition, or deletion and veto of use or provision of personal information (the "Disclosure Requests") from the person who provided his/her personal data.
These terms were last updated on March 11, 2022