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Terms of Use
- Creative Steam LLC is a Venue
- Membership Eligibility
- Fees and Services
- Listing and Selling
- Prohibited, Questionable and Infringing Items and Activities
- Content
- Information Control
- Meetings
- Resolution of Disputes and Release
- Creative Steam LLC's Intellectual Property
- Access and Interference
- Breach
- Privacy
- No Warranty
- Liability Limit
- Indemnity
- No Guarantee
- Legal Compliance; Taxes
- Severability
- No Agency
- Creative Steam LLC Service
- Choice of Law
- Disclosures & Disclaimer of Warranties
Terms of Use
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available and/or linked by hyperlink, including yet not limited by graphic or written user selected re-direct or direct url adjoining references on the Site.This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and merchants, contributors of content, information and other materials or services on the Site.
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY CREATIVE STEAM LLC ("CREATIVESTEAM.COM"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT: HTTP://WWW.CREATIVESTEAM.COM (THE "SITE") AND ALL SERVICES PROVIDED BY CREATIVE STEAM LLC ON THE SITE.
THE FOLLOWING DEFINES THE TERMS AND CONDITIONS ("TERMS") BY WHICH CREATIVE STEAM LLC ALLOWS THE USER ("YOU") ACCESS TO ITS ONLINE SERVICES. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
Any terminology found under the Terms of Use are fortified within all agreements, policies, and otherwise stated or underlined or perceived or visually and/or verbal surmised or stated within the given Web Site under view in any manner of fashion to the end user, you, and any other party or parties accessing the site. WELCOME TO CREATIVE STEAM LLC.
READ THE TERMS OF USE ("TERMS") FULLY BEFORE USING THE WEBSITE AND ANY SERVICES OFFERED BY Creative Steam LLC, INC. ("Creative Steam LLC"). THE TERMS SPECIFY THE LEGALLY BINDING TERMS AND CONDITIONS FOR THE USER’S ("YOUR") USE OF THE WEBSITE AT HTTP://www.CreativeSteam.COM (THE "SITE") AND ANY SERVICES PROVIDED BY Creative Steam LLC ON THE SITE.
Creative Steam LLC is an easy-to-use marketplace to buy and sell goods of many different types and categories. These Terms and Conditions are guidelines that have been created for you, the end user/users, and Creative Steam LLC to provide a venue to Buy and Sell many different types of items. Premier Online Venue
As a condition of your participation in the Creative Steam LLC services (the "Services"), you (hereinafter "You/you" or "User/user") agree to abide by the Terms of this User Agreement ("Agreement"). By accessing the Creative Steam LLC web site located at www.CreativeSteam.com ("the Site" or "our Site") through any device or service including but not limited to computer, tablet smartphones, or by using the Service in any other manner, you agree to the following Terms and Conditions.
The User agreement is provided for reference by clicking on the User Agreement link found on each page of the Site. In addition, there may be Terms and Agreements from partnered Web Sites that you may also be subject to the terms and conditions of that web site.
If you have any questions about the use, terminology, implied statements, points of access, terminology common to legal practice, authorship of any given constructed portion whether visual and/or verbally implied Terms of services rendered by our Venue you are advised to contact us immediately without reproach or sworn liability of any transaction, statement given, or question remitted to be surmised and/or acted upon by Creative Steam; as well as any and all parties within or attached by hyperlink submission and/or other site attachment method containing other Terms and Conditions, implied and/or written, visual, or otherwise transmitted.
Third party, affiliate, or otherwise attached guidelines in use are in addition to Creative Steam LLC policies for which you remain under obligation for the past, present or future use of the service, including cancelation submission of services offered for a period of time to be determined by the guidelines written by all parties legal and/or formal attached to the Creative Steam Web Site and State, Federal, or other guidelines within the jurisdiction of this web site as well as your current access location.
Again, please contact us regarding explanation of any given terms within this document and/or our web site, third party web sites, or any submission of information to the Creative Steam web site or other given party; not limited to information sharing or other qualifying measures of future needs and/or assessments of the Creative Steam Web Site, partner(s) and/or paid advertising groups, study groups, or team(s) of professionals for the dissemination of information given to produce further reference not limited to QA, or Quality Assurance, of the end user, users, or future participant whether implied, written and/or visually transmitted or disseminated to the user/users.
By using the site in any way including, but not limited to, visiting or browsing the Site, you agree to be bound by the terms, including all additional terms, conditions and policies referenced herein and/or available by hyperlink. These terms apply to all users of the Site including, but not limited to, vendors, consumers, merchants and contributors of information, content and services materials on the site.
Changes or modification to any terms written or otherwise implied or perceived within the same guidelines as the above previously stated terms of use by Creative Steam LLC are reserved for the right to change or be modified at any time with or without notice. The latest version will be posted to the Creative Steam Web Site. Submission interruption or modifications viewed by the end user that have been modified without the consent of Creative Steam, i.e. by hacking or otherwise submitting information not regulated, changed, or submitted by Creative Steam LLC and/or affiliated officer or employee, legal or paid consultant, group authorized to modify the agreements and changes remitted to the Creative Steam Web Site and or affiliated or attached Sites Terms and Condition or other policies given are void.
1. Creative Steam LLC is a Venue
Creative Steam LLC is only a Venue: At Creative Steam, Our Site is an open market for you the user to buy and sell good with other users. Creative Steam LLC only provides a service and is not involved in any transaction between buyers and sellers on the Site. Creative Steam LLC does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. You the user, assume the risk when dealing with users on our Site. You agree that all of these risks are done by you, and not Creative Steam LLC. Creative Steam LLC does not control the behavior of users on the Site or the information provided by other users that is made available through our Site. Creative Steam LLC cannot assure that all transactions will be completed, and does not guarantee the ability or intent of users to fulfill their obligations in any transaction.
FOR EVERY TRANSACTION THROUGH OUR SITE, YOU MUST MAKE YOUR OWN DETERMINATION REGARDING THE USER STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY’S ABILITY TO PAY FOR OR DELIVER THE GOOD(S) OFFERED. PLEASE USE CAUTION AND COMMON SENSE WHEN DEALING WITH OTHER USERS.
Creative Steam LLC acts as a domain through which users complying with Creative Steam LLC's policies can sell and buy merchandise in a fixed-price format. Creative Steam LLC is not directly involved in the transaction between buyer and seller. Creative Steam LLC does not control or guarantee any aspect of the quality, safety, morality or legality of any items listed on the site, nor the truth or accuracy of the listed items’ descriptions by vendors, the ability of vendors to sell items or the ability of purchasers to pay for items. Creative Steam LLC does not appraise users or any content or information provided by the users. Creative Steam LLC does not guarantee that a buyer or seller can or will complete a transaction. Accordingly, Creative Steam LLC does not transfer legal ownership of items from the seller to the buyer.
Creative Steam LLC does not guarantee the true identity, age, or nationality of the user. Creative Steam LLC recommends the user communicates directly with projected transaction parties via the tools available on the Site.
You agree that Creative Steam LLC is a domain and therefore not responsible or liable for any content including, but not limited to, data, text, usernames, profiles, images, graphics, audio, video, and links posted by you, other users, or other parties on the site. Any use of Creative Steam LLC’s service is at the user’s own risk.
Modifications of Terms: Creative Steam LLC reserves the right to make changes to our Site, this Agreement, or the policies incorporated herein by reference, with or without notice. It is recommended that you visit this page and familiarize yourself with the latest version of this Agreement regularly for revisions and updates. Your continued use of our Site will indicate your acceptance of any revised or added Terms. Unless otherwise stated, all amended terms shall be effective upon posting to our Site.
2. Membership Eligibility
Our Service is available only to individuals who can form legally binding contracts under applicable law. Our Service is not available to minors (under the age of majority in their state or province of residence) or too temporarily or permanently suspended members of Creative Steam LLC.
If you do not qualify, please do not use our Services. Creative Steam LLC also reserves the right to refuse access to, or use of our Site to anyone, at anytime, in its sole discretion.
The information that you provide during Registration is collected according to the terms of our Privacy Policy available at (INSERT WEB ADDRESS).
PLEASE NOTE: YOU MUST PROVIDE ACCURATE AND CURRENT INFORMATION TO US. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, CREATIVE STEAM LLC HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICE (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE SITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
Age: You must be 18-years of age or older and able to perform legally binding contracts under applicable law(s) to use Creative Steam LLC's services. To use Creative Steam LLC's services you confirm that you are at least 18 years of age and that all registration information you submit is both accurate and truthful. Creative Steam LLC may, at its sole discretion, refuse to offer access to, or use of, the site to any person or entity at any time. (This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.) All Individuals under the age of 18 must at all times use Creative Steam LLC's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws pertaining to online conduct and content. You must abide by all of Creative Steam LLC's policies as stated in the terms applicable to the user’s activities on and use of the site) and any other operating rules, policies, or procedures that may be added and/or updated at any time on the Site by Creative Steam LLC, each of which is incorporated herein by reference and each of which may be updated by Creative Steam LLC from time to time without notice to you:
Additionally, certain services offered through the Site may be subject to additional terms and conditions to be made known by Creative Steam LLC at that time. Any use of such services is subject to those additional terms and conditions, each of which are incorporated into the terms by this reference.
Password: You are fully responsible for any and all activity, liability and damage resulting from your failure to preserve password confidentiality. You agree to notify Creative Steam LLC immediately upon any unauthorized use of your password or any breach of security. You agree that Creative Steam LLC cannot and will not be liable for any damage or loss arising from your failure to preserve password confidentiality. You agree not to provide your username or password information to any other party other than Creative Steam LLC without Creative Steam LLC's advance written permission.
Account Information: You agree to keep your account information accurate and up-to-date at all times. To buy and sell items on Creative Steam LLC you must provide and maintain valid payment information including valid credit card information and/or valid PayPal account.
User Information: User Information is defined as any and all information or data provided to Creative Steam LLC or other users during the Registration, offer, or sale, and through any interactive feature of the system, including email, notification by pop-up or any other visual or verbal media directed toward the end user. You agree and attest that Your User Information is not false, inaccurate, incomplete or misleading, does not involve the sale of counterfeit or stolen items, does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, is not obscene and does not contain child pornography, does not create liability for Creative Steam LLC nor cause Creative Steam LLC to lose (in whole or in part) the services of our ISPs or other suppliers; and does not link directly or indirectly to another web site. You agree not to make use of any other user’s User Information other than as necessary to complete any transactions in which you and the subject of the User Information are involved
Account Transfer: You may not transfer or sell your Creative Steam LLC account and/or User ID to another party. If you are registered as a business entity, you personally guarantee that you have the authority to bind the entire business entity to the terms.
Right to Refuse Service: Creative Steam LLC's services are not available to suspended Creative Steam LLC members. Creative Steam LLC reserves the right, at Creative Steam LLC's sole discretion, to cancel any unconfirmed or inactive accounts. Creative Steam LLC reserves the right to refuse service to any user, for any reason, at any time.
3. Fees and Services
Fees and Charges: Joining Creative Steam LLC and making offers on items are free. Creative Steam LLC may charge fees for various Services offered through our Site, which are subject to revision with or without notice.
Fees and Credits Policy: Unless otherwise stated, all fees are quoted in U.S. Dollars. You agree that you are responsible for paying all fees, including any and all applicable sales, income, excise, import, export, VAT and other taxes or duties associated with using our Service and the Site.
Creative Steam LLC is currently collecting all online payments by Paypal, but in the future may accept credit cards as a form of payment. When we activate Credit Card Billing: Creative Steam LLC will not charge your credit card unless you conduct an activity on our Site that has a fee associated with it. Before incurring fees, you will have an opportunity to review and accept the fees that you will be charged for the use of our Services. By agreeing to a transaction with a fee, you authorize us to charge your credit card or otherwise bill Your Account.
We reserve the right to change or discontinue, temporarily or permanently, some or all of our Services at any time with or without notice. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
Joining and establishing a storefront on Creative Steam LLC is FREE. Creative Steam LLC charges fees for listing items for sale, and charges a percentage of the final sale price upon completion of the transaction. Upon listing an item you can review and accept all fees you will be charged. Creative Steam LLC's Fees Policy is subject to change and is incorporated into these terms by reference. Changes to Creative Steam LLC’s Fees Policy and the fees for services are effective after provision of at least fourteen (14) days notice by posting changes on the Site. Creative Steam LLC may temporarily change the Fees Policy and the service fees for promotional events (for example, free listing days). Temporary changes are effective immediately when Creative Steam LLC posts the temporary promotional event on the Site. Creative Steam LLC may, at its sole discretion, change some or all of Creative Steam LLC's services at any time. Fees for any new services are effective at the launch of said service. All fees on the Site are in US Dollars (USD) unless stated otherwise. You are responsible for paying all fees and all applicable taxes associated with using Creative Steam LLC.
Fees and Termination: If for any reason Creative Steam LLC terminates a listing or terminates your account, should you close your account, or if payment of your Creative Steam LLC fees cannot be completed for any reason, you remain fully obligated to pay Creative Steam LLC for any and all unpaid fees plus any applicable penalties. If ever the user's outstanding accounts are not settled in full and become past due, the user risks additional penalties including suspension of privileges and/or account termination, as well as other collection methods (including the retention of collection agencies and legal counsel). For questions regarding charges or to dispute a charge contact Creative Steam LLC. contact1
4. Listing, Buying, and Selling
Selling: You must have the legal authority to sell the goods that you are listing for sale on our Site. You must describe your item and all terms of sale in your listing. By accepting an offer, you are obligated to complete the transaction with the other party unless the transaction is prohibited by law or this Agreement, unless the buyer modifies the terms and conditions of their listing, or the buyer’s offer. An offer to sell can be retracted at any time prior to its acceptance.
Buying: If you make an offer and the offer is accepted, you are obligated to complete the transaction with the other party and to be bound by the terms and conditions specified by the seller, unless the transaction is prohibited by law or this Agreement. The obligation can only be void if the seller materially changes the item’s description or the item does not conform to the seller’s description, or a written error exists in the listing information that changes the terms of sale. The seller can retract any sale at any time before payment is remitted.
Listing Description: When listing an item, you acknowledge the you have reviewed and read the policies published by Creative Steam LLC. You also acknowledge that you are legally allowed to sell the item that you have listed. The item or items that you have listed should be accurate, and include as many of the following to ensure proper description(s) of the items: Text description, Graphics, Pictures, or any other content that is relevant to the sale of the item accurately.The appropriate tags and categories should be used to list your items, or they may be removed by Creative Steam for mis-categorization/representation. An "in stock" item where there are multiple quantities available, they must be considered identical (i.e. Size, Shape, Color, Material...exactly the same!)Unique Items should have there own listing.
Storefront Policies: Your storefront is your virtual "Small Business." You are encouraged to setup your policies and procedures for the way you do business, and in good faith, should abide by them. Site-Wide policies at Creative Steam LLC must be followed, and your storefront guidelines do not supercede Creative Steam policies, guidelines, or procedures. Creative Steam has the right to notify any seller or user to modify storefront policies that have been created.
Binding Sale: All sales are binding once completed. The order should be shipped and/or ownership transferred in an expedited fashion unless there is a circumstance that arises such as:
1. The buyer does not meet the requirements and/or terms of the Seller Listing. 2. The seller cannot authenticate the identity of the Buyer.
The buyer should follow and complete payment as warranted by the Seller; i.e. payment method given.
Fee Avoidance: Prices in each item listing should be accurate to the represented item. The Seller has the authority to charge shipping and handling fees for a reasonable cost to ship the item(s). Excessive or "hidden in shipping" fees or avoid fees. Creative Steam reserves the right to remove any user and/or storefront that charges excessive fees or avoids fees altogether. After a sale is completed, the price of the item should not be changed for any reason, and the original sale price at the time of purchase should be honored. Avoiding or inflating pricing due to Creative Steam transaction fees, item location misrepresentation, or using another users account to sell the item in prohibited.
Buying: If you make an offer and the offer is accepted, you are obligated to complete the transaction with the other party and to be bound by the terms and conditions specified by the seller, unless the transaction is prohibited by law or this Agreement. The obligation can only be void if the seller materially changes the item’s description or the item does not conform to the seller’s description, or a written error exists in the listing information that changes the terms of sale. The seller can retract any sale at any time before payment is remitted.
5. Prohibited, Questionable and Infringing Items and Activities
Use Restrictions: Creative Steam is a Venue for lawful transactions only. You agree that you are solely responsible for obtaining all necessary licenses and permissions necessary for your transactions and for verifying that other Site users with whom you transact do the same.
Prohibited Use(s): Creative Steam LLC imposes certain restrictions for the use of the Site. You are prohibited from violating or writing/re-writing any security features of the Site, including, without limitation accessing content or data not intended for You, or logging onto a server or account that You are not authorized to access. Also, the attempt or attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Creative Steam LLC in providing the Site is prohibited. Any violation of system or network security may subject you to civil and/or criminal liability.
You are responsible for all activities regarding the use of Creative Steam LLC and the Creative Stream Web Site. This includes yet is not limited to all posting, whether written text, data, images, photos, graphics, audio, video, links, contact information that you submit, post, and/or display on Creative Steam. This also includes your chosen and designated user-name(s).
Restricted Activities: Your Content and your use of Creative Steam LLC shall not: Be false, inaccurate or misleading Be fraudulent or involve the sale of illegal, counterfeit or stolen items Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Creative Steam LLC's Copyright and Intellectual Property Policy) Violate this Agreement, The DOs & DON'Ts of Creative Steam LLC, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Creative Steam LLC staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device Be obscene or contain child pornography Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information Host images not part of a listing Modify, adapt or hack Creative Steam LLC or modify another website so as to falsely imply that it is associated with Creative Steam LLC; Appear to create liability for Creative Steam LLC or cause Creative Steam LLC to lose (in whole or in part) the services of Creative Steam LLC's ISPs or other suppliers Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, The DOs & DON'Ts of Creative Steam LLC, or other policy documents as posted on Creative Steam LLC.
Restrictions: Content and use of Creative Steam shall not: Mislead, falsify, or inaccurately describe information to user(s) The sale of illegal items or the act of committing fraud. See your local, state, federal guidelines. Creative Steam and/or third-party infringement of copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights. Violation of this agreement, policies, procedures, as well as any other local, state, federal, or Country laws or legal guidelines. Obscene or contain child pornography Items that the U.S. Consumer Products Safety Commission (CPSC) has deemed as hazardous to consumers and subject to recall. Misrepresentation of affiliation with another person, company, or entity. Threatening and/or Harassing, Intimidating any person unlawfully. Destructive code transmission that can cause the loss of data, personal information, system interception, and/or non-user system manipulation. Posting or Hosting images that are not part of the listed sale item in a listing. Modification of Creative Stream LLC by way of adaptation, hack, or any other misuse to imply association with Creative Steam LLC. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement.
The listing fee that Creative Steam acquires in no way binds or assumes any legal responsibility for the buyer/seller purchase and transfer of items sold that may violate any laws, statutes, regulations, or that violates the Creative Steam Terms of Use.
6. Content
License: Creative Steam LLC does not claim ownership rights in your Content. You grant Creative Steam LLC a license solely to enable Creative Steam LLC to use any information or Content you supply Creative Steam LLC with, so that Creative Steam LLC is not violating any rights you might have in that Content. You grant Creative Steam LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Creative Steam LLC to store or re-format your Content on Creative Steam LLC and display your Content on Creative Steam LLC in any way as Creative Steam LLC chooses. Creative Steam LLC will only use personal information in accordance with Creative Steam LLC's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Creative Steam LLC user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Creative Steam LLC-related communications. Creative Steam LLC has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Creative Steam LLC user to your email or physical mail list. For more information, see Creative Steam LLC's Privacy Policy.
Re-Posting Content: By posting Content on Creative Steam LLC, it is possible for an outside website or a third party to re-post that Content. You agree to hold Creative Steam LLC harmless for any dispute concerning this use. If you choose to display your own Creative Steam LLC-hosted image on another website, the image must provide a link back to its listing page on Creative Steam LLC.
Idea Submissions: Creative Steam LLC considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Creative Steam LLC shall not be liable for the disclosure or use of such Material. If, at Creative Steam LLC's request, any member sends Material to improve the site (for example through the Forums or to customer support), Creative Steam LLC will also consider that Material to be non-confidential and non-proprietary and Creative Steam LLC will not be liable for use or disclosure of the Material. Any communication by you to Creative Steam LLC is subject to this Agreement. You hereby grant and agree to grant Creative Steam LLC, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
Creative Steam LLC does not control any content provided by users that is subsequently available on Creative Steam LLC. By using Creative Steam LLC, you agree to accept that you may find some content to be inaccurate, deceptive, offensive, or harmful, and that there exists the risk of dealing with underage persons or persons acting under false pretense. In addition there is also the risk of dealing with international traders and foreign nationals. You fully agree that by using Creative Steam LLC you accept these and any similar risks exist and that Creative Steam LLC (and Creative Steam LLC's officers, directors, employees, agents, joint ventures and subsidiaries) is not responsible for any and all acts or omissions of users on Creative Steam LLC. At all times employ caution and safe buying and selling practices when using Creative Steam LLC.
Other Resources: Creative Steam LLC is not responsible for access to, or the availability of, external websites or resources linked to or referenced on the Site. Creative Steam LLC in no way endorses and is not liable ot responsible for any content, products, advertising or other material viewable or available from external websites or resources. You agree that Creative Steam LLC is in no way directly or indirectly responsible or liable for any loss or damage caused, or alleged to be caused, in connection with any such websites or resources, including content, goods or services.
8. Meetings
You may arrange and attend, at your own discretion, online meetings or in-person meetings ("Meetings") with other users. All users are solely responsible for any interaction(s) with other parties. You must comply with Creative Steam LLC's policies and you acknowledge and agree to comply with the national and international laws of the country within which the Meeting takes place. Creative Steam LLC is in no way involved with any groups created by users, nor these groups' requirements or any subsequent Meetings they may produce. Creative Steam LLC does not control or supervise any Meetings or user-initiated online or offline gatherings, or any other interaction between users or other parties. Users are solely responsible for interactions with others. The user accepts that Creative Steam LLC does not in any way evaluate or screen its users. All users agree to employ caution and careful judgement when interacting with third parties, especially when meeting in person.
User Groups: Creative Steam LLC has no control or influence over user-generated groups and is in no way involved or associated in any transactions or payments associated with these groups. Some groups created by users on Creative Steam LLC may request or require members to pay fees to retain membership and participate in certain promotions and Meetings. Creative Steam LLC does not process or receive any payments and/or monies from these groups and/or transactions, and Creative Steam LLC has no control over any monies involved in such transactions. All these transactions are completely separate from Creative Steam LLC’s fees and charges. Creative Steam LLC does not control any promotions user groups may offer. The user accepts that Creative Steam LLC is not connected to user-generated groups or any associated payments and/or transactions, and the user accepts that he or she takes full responsibility for any/all risks in association with third party transactions.
9. Resolution of Disputes and Release
Release: We are not involved in the transaction between buyers and sellers, in the event that You have a dispute with one or more users, You release Creative Steam LLC and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. California residents are advised to review your legal release guidelines provided by the state.
In the event a dispute arises between you and Creative Steam LLC, please contact Creative Steam LLC. contact1
Arbitration: Third-party Arbitration will be held and determined in the state of Florida. Creative Steam LLC is not liable under this Agreement for any injury you may suffer or allege to suffer as a User of this Site. Legal action taken by Creative Steam LLC to collect fees and/or recover damages for, or obtain an injunction relating to, the Site operations, intellectual property, and our Services shall not be subject to the foregoing restrictions. In the event that you wish to assert any claim against Creative Steam LLC for any purpose whatsoever, you agree that such dispute will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.
10. Creative Steam LLC's Intellectual Property
The following Creative Steam LLC items are Intellectual property and should not be used in connection with any other product, service, company offering, or non-approved entity or offer without consent and authorization of Creative Steam LLC in the U.S. and/or any other country. These items include:
Graphics, Trademarks, Logos, Trade Dress, Designs, Page Headers, Button Icons, Scripts, Service Names
11. Access and Interference
Creative Steam LLC may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Creative Steam LLC is updated on a real-time basis and is proprietary or is licensed to Creative Steam LLC by Creative Steam LLC's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Creative Steam LLC for any purpose whatsoever, except to the extent expressly permitted by and in compliance with Creative Steam LLC's API Terms of Use or otherwise without Creative Steam LLC's prior express written permission. Additionally, you agree that you will not:
Take any action that imposes, or may impose, in Creative Steam LLC's sole discretion, an unreasonable or disproportionately large load on Creative Steam LLC's infrastructure Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in The DOs & DON'Ts of Creative Steam LLC from the Site except to the extent expressly permitted by and in compliance with Creative Steam LLC's API Terms of Use or otherwise without the prior express written permission of Creative Steam LLC and the appropriate third party, as applicable Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site Bypass Creative Steam LLC's robot exclusion headers or other measures Creative Steam LLC may use to prevent or restrict access to Creative Steam LLC
Much of the content on Creative Steam LLC’s Site is proprietary or licensed to Creative Steam LLC by its users and third parties. Information on the Site is updated in real-time and contains robot exclusion protocols that house internal rules for software usage. You agree you will not use any robot, scraper, spider, or other automated device or manual process to access Creative Steam LLC for any purpose without Creative Steam LLC's prior express written permission, or within compliance of Creative Steam LLC's API Terms of Use. In addition you agree that you will not:
Make action(s) that cause unreasonably and/or disproportionately high loads on Creative Steam LLC's infrastructure.
Copy, modify, reproduce, distribute or display any user Content from the Site unless expressly permitted by and in compliance with the API Terms of Use or with prior express written permission from Creative Steam LLC and the appropriate third party, as applicable. (This excludes your Content and other permitted uses as highlighted in The DOs & DON'Ts of Creative Steam LLC.)
Interfere or attempt to interfere with the correct working of the Site or any activities conducted on the Site
Bypass Creative Steam LLC's robot exclusion protocols and headers, or other measures employed to restrict or prevent access to Creative Steam LLC
12. Breach
Creative Steam LLC is allowed by this agreement, without notice, and at any time and without the refunding of fees, the immediate removal of Content, as well as "warn" Creative Steam LLC user(s) of another user(s) actions. Creative also reserves the right to issue warnings to a user, suspend account access, terminate an account, prohibit site access. Creative Steam may also take legal steps to remove a user when necessary.
Creative Steam’s inability to verify personal information, actions of a user that may cause legal or financial loss, or any other user activity that goes against the user agreement, and or any other agreements or posted rules and regulations on the Creative Steam Web Site.
13. Privacy
Except as provided in Creative Steam LLC's Privacy Policy Creative Steam LLC will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Creative Steam LLC stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
14. No Warranty
At no time does Creative Steam LLC provide warranty, whether written or verbal. No advice and/or information given by any Creative Steam employee, regardless of company status, rank, or job duties, should be considered a warranty of any kind.Some States do not offer or allow a Disclaimer of Implied warranties. Please be advised. You may also have other legal rights depending on your state.
15. Liability Limit
LIMITATION OF LIABILITY: IN NO EVENT SHALL CREATIVE STEAM LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, PARTNERS AND AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES IN CONNECTION WITH OUR SITE.
ACKNOWLEDGEMENT: BY USING CREATIVE STEAM LLC’s SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
16. Indemnity
Indemnity Information: You agree to defend, indemnify and hold Creative Steam LLC and (as applicable) its officers, directors, employees, agents, parents, subsidiaries, partners and affiliates harmless against any and all claims made by or liability to any third party resulting from any activities conducted under Your Account, Your use or misuse of the Site, including, but not limited to, posting content on the Site, entering into transactions with other Site users, contacting others as a result of their posting(s) on the Site, infringing a third party’s intellectual property or other rights, failing to deliver goods or payment to other Site users or otherwise arising out of Your breach of any Terms of this Agreement.
17. No Guarantee
Creative Steam is not responsible for nor guarantees uninterrupted access to the site. Operation to the site can be interrupted by but not limited by numerous factors including Creative Steam site updates, service provider interruption, power failure, or technical blackout/interruption that is outside of Creative Steam LLC’s control.
18. Legal Compliance; Taxes
Compliance: You must abide by Creative Steam LLC's policies as stated in the Agreement and the Creative Steam LLC policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Creative Steam LLC, each of which is incorporated herein by reference and each of which may be updated by Creative Steam LLC from time to time without notice to you.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Creative Steam LLC from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Local Tax Guidelines:
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes.
19. Severability
Found unenforceable provisions within this agreement will be modified to accurately express and reflect the parties’ intention. Any remaining provisions contained in this Agreement shall remain in effect.
20. No Agency
You are an independent contractor, as well as Creative Steam LLC. At no time should this agreement be viewed as Creative Steam LLC being an agency, joint venture, freelance or franchiser/franchisee relationship with you or any other user.
21. Creative Steam LLC Service
Creative Steam LLC can modify and/or terminate services or content provided at any time without notice. The Terms of Use can also be modified without notice. Please make sure to review the policies and procedures as well as other posted guidelines often to remain up to date. Using the service on a regular basis after new Terms of Use have been updated is an acknowledgement of these terms.
22. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Florida and the United States of America, excluding any conflicts of laws rules.
23. Disclosures & Disclaimer of Warranties
DISCLAIMER OF WARRANTIES: YOU AGREE THAT USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SITE AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY OR CONDITION OF ANY KIND. CREATIVE STEAM LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH THE SITE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT OBTAINING ANY INFORMATION OR MATERIAL AND/OR GOODS OR SERVICES THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND HAS NOT BEEN SUGGESTED OR IMPLIED BY CREATIVE STEAM LLC OR ANY AFFILIATES OR THIRD PARTY GUIDELINES OR INSTRUCTION.
CREATIVE STEAM LLC MAKES NO WARRANTY THAT THE SERVICE WILL SATISFY YOUR REQUIREMENTS, OR THAT OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS FREE. NOR DOES CREATIVE STEAM LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR OUR SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
The services hereunder are offered by Creative Steam LLC Inc., located at po’box1. If you are a Florida resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.