Terms of Service

Updated as of: 12/08/2024

These Terms of Service (these "Terms") set forth the terms and conditions that apply to your access and use of our website (www.creatorslab.io) (the "Site") and all of the services offered and/or provided by us and our affiliates (collectively, the "Services"). Please review these Terms carefully. If you do not agree to these Terms, you may not access the Site or use the Services.

The terms "Company" or "us" or "we" or "our" collectively refer to Blueicon LTD and our subsidiaries and affiliated entities. The terms "you" or "your" refer to the user or viewer of the Site or the Services.

ACCEPTANCE.

You hereby agree to these Terms when accessing the Site and/or using the Services. These Terms are the only agreement between us and you and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Services, the content, or services provided by or through the Services, and the subject matter of these Terms. You must be at least the age of legal majority where you live (which is currently 18 years old in most jurisdictions) to use our Services, or you must have the permission of your parent or guardian who must agree to these Terms on your behalf. Our Privacy Policy is incorporated by reference into these Terms, and your agreement to be bound by these Terms means you are also bound by the Privacy Policy.

USE OF SITE.

Company hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access the Site; provided, you do not modify or otherwise make any derivative uses of the Site in any way, engage in any data mining, or use robots or similar data gathering or extraction methods; do not download (other than page caching) any portion of the Site or any information contained therein, except as expressly permitted herein by Company; do not use the Site other than for its intended purpose; and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site without Company's prior written consent. In addition, you may not "mirror" the Site or the Site content or any portion thereof without Company's express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Company intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

You acknowledge and agree that Company may stop (permanently or temporarily) providing the Site (or any features within the Site) to you at any time at Company's sole discretion, without prior notice to you.

USER ACCOUNTS.

You may need to create an account in order to access and use certain Services and/or features on the Site (an "Account"). In order to create an Account, you will be required to provide us with certain information, including, but not limited to, your name, email address, and phone number. You agree to provide us with accurate, complete registration information. Your registration must be done using your real name. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit: (i) any other person using the registered sections under your name, (ii) access through a single name being made available to multiple users on a network, or (iii) to open a new Account without our written permission if we have terminated a prior Account or suspended your access to the Site or the Services. You are responsible for preventing such unauthorized use.

You acknowledge and agree that: (i) any post or recommendation from your Account will be deemed to be a post or recommendation authored or sent by you; (ii) all posts and recommendations should be related to the applicable topic, product, or service and shall not be abusive, obscene, threatening, defamatory, libelous, explicit, or offensive in any way nor shall you solicit others to perform or participate in any of the foregoing; (iii) all posts will be accurate and truthful; (iv) you will not sell or buy any product or service through the Services that is not intended to be sold or bought through the Services; (v) you will not upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site, other websites, or the Internet; (vi) you will not collect or track the personal information of others; and (vii) you will not post information that: (a) infringes on the intellectual property of others, (b) is confidential or sensitive, or (c) is illegal or objectionable.

Please do not share your Account credentials with anyone you do not want to be accountable for. Please notify us immediately at support@creatorslab.io if you have lost control of your Account username or password or you suspect there is unauthorized activity in your Account. Please label the subject line as "Unauthorized account activity."

You authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity. Company reserves the right to close, suspend, or limit access to your Account and/or the Services in the event that, in our sole discretion: (a) we are unable to obtain or verify identity or eligibility; (b) the security of your Account has been compromised; or (c) your Account has been used in, or seems to have been used in, a nefarious manner.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses or for any other reason. We cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms.

USE OF INFORMATION.

We reserve the right, and you authorize us, to use and share, in any manner consistent with our Privacy Policy, all information regarding your use of the Site and the Services. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential and will not be liable for the use of any ideas provided by you (including without limitation, product, service, or advertising ideas). We will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

THIRD-PARTY SERVICES.

You may choose to integrate, connect, or otherwise use the Site with other websites, platforms, or third-party payment processors not provided by or managed by Company ("Non-Company Sites") and in doing so grant Company permission to interoperate with the Non-Company Sites. If you use Non-Company Sites: (a) you warrant that if it uses the Site to connect your data and/or content to third-party services, including but not limited to YouTube, that such data and/or content shall comply with the third-party terms of use and that you agree to be bound to such third-party terms of use (for example, you agree to be bound to YouTube's Terms of Service) in effect and as updated from time to time by such third parties; (b) Company does not warrant or support Non-Company Sites; (c) as between Company and Visitor, Visitor assumes all responsibility for the Non-Company Site and any disclosure, modification, or deletion of your data and/or content by the Non-Company Sites; and (d) Company shall have no liability, and you are not relieved of any obligations under the Terms or entitled to any compensation, due to any unavailability of the Non-Company Site or any change in the ability of Company to interoperate with the Non-Company Site. If you wish to disconnect or remove Company's access to such Non-Company Sites, you agree to do so by visiting such Non-Company Sites and removing access. For example, to remove Company's access to any Google website, including but not limited to YouTube, you shall visit the Google Security Settings page and follow the instructions to remove user access.

Content and Content Rights.

For purposes of these Terms: "Content" means text, graphics, images, music, channels, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Site or the Services.

Company and its licensors exclusively own all right, title, and interest in and to the Site, the Services, and Content, and all underlying software, technology, and processes and any enhancements or modifications thereto, including all associated intellectual property rights therein. You acknowledge that the Site, the Services, and the Content are protected by copyright, trademark, and other laws of Israel and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, the Services, or the Content.

Subject to your compliance with these Terms, Company grants You a limited, non-exclusive, non-transferable, non-sublicensable license to view, copy, display, and print the Content solely in connection with your permitted use of the Site and Services.

All trademarks, service marks, trade names, logos, and product names of Company used on the Site are trademarks or registered trademarks of Blueicon LTD in Israel and other countries. All other company, brand, and product names are trademarks or registered trademarks of their respective holders. You are not permitted to use these marks without the prior written consent of Company or such third-party owner.

SUBSCRIPTION AND PAYMENTS

By registering and paying for an Account with us, you become a "Subscriber." Your payment will cover access to the relevant subscription plan's tools, features, services, and benefits (the "Subscription").

Payment for a Subscription ("Subscription Fee") must be made by credit card, debit card, or through another current, valid, accepted method of payment including supported third-party payment providers ("Payment Method"). You confirm that any such Payment Method that you use is yours or that you have the authorization of the card or account holder to use it. All Subscription Fees will be charged, by us, in United States Dollars.

All payments of Subscription Fees are non-refundable.

If you need assistance with payments, or have a question about billing, you can contact us at support@creatorslab.io.

Billing.

YOU ACKNOWLEDGE AND AGREE, AS FURTHER DETAILED UNDER THESE TERMS, THAT WE WILL NOT BE LIABLE NOR RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF ANY PAYMENT METHOD PROVIDER YOU CHOOSE TO USE NOR ANY FAILURE, TECHNICAL ERROR, OR SECURITY AND/OR DATA PRIVACY BREACH OF YOUR PAYMENT METHOD PROVIDER.

IT IS IMPORTANT TO NOTE THAT WHEN YOU PAY FOR A SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT AND WILL CONTINUE TO AUTOMATICALLY RENEW FOR THE APPLICABLE BILLING PERIODS, WHETHER MONTHLY OR ANNUAL, (“BILLING PERIOD”). YOU MAY CANCEL OR DOWNGRADE YOUR SUBSCRIPTION AT ANY TIME FROM WITHIN THE SERVICE OR BY CONTACTING US AT support@creatorslab.io. IF YOU DECIDE TO CANCEL YOUR SUBSCRIPTION BEFORE THE START OF THE NEXT BILLING PERIOD, YOU WILL CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION UNTIL THE END OF THE CURRENT BILLING PERIOD AT WHICH POINT YOUR SUBSCRIPTION WILL TERMINATE.

YOU ARE LIABLE FOR PAYING ANY AND ALL APPLICABLE SALES AND USE TAXES FOR THE PURCHASE OF YOUR SUBSCRIPTION BASED ON THE MAILING ADDRESS THAT YOU PROVIDE WHEN YOU REGISTER AS A SUBSCRIBER, AND YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD FOR ANY SUCH APPLICABLE TAXES. FURTHER, YOU AUTHORIZE US TO CHARGE ANY PAYMENT METHOD ASSOCIATED WITH YOUR ACCOUNT IN CASE YOUR PAYMENT METHOD IS DECLINED OR NO LONGER AVAILABLE TO US FOR PAYMENT OF YOUR SUBSCRIPTION FEE. YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS. IF A PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT CANCEL YOUR SUBSCRIPTION, WE MAY SUSPEND YOUR ACCESS TO THE SITE, SUBSCRIPTION, AND/OR SERVICE UNTIL WE HAVE SUCCESSFULLY CHARGED A VALID PAYMENT METHOD.

FOR SOME PAYMENT METHODS, THE PAYMENT METHOD PROVIDER MAY CHARGE YOU CERTAIN FEES, SUCH AS FOREIGN TRANSACTION FEES OR OTHER FEES RELATING TO THE PROCESSING OF YOUR PAYMENT METHOD. CHECK WITH YOUR PAYMENT METHOD SERVICE PROVIDER FOR DETAILS. EACH SUBSCRIPTION AND THE RIGHTS AND PRIVILEGES PROVIDED, UNDER THESE TERMS, TO EACH SUBSCRIBER ARE PERSONAL AND NON-TRANSFERABLE.

DMCA NOTICE.

Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner's) copyright in that work has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to our DMCA Agent at DMCA@creatorslab.io. To comply with the DMCA, your notice must include the following information:

Identification of the copyrighted work or other intellectual property alleged to have been infringed and adequate information which will allow us to locate that material; Adequate information by which we can contact you (including postal address, telephone number, and e-mail address); A definitive statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent, or the law; A statement that the information in the written notice is accurate; A statement that under penalty of perjury, you are authorized to act on behalf of the copyright or other intellectual property right owner; and Your physical or electronic signature. Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person; and

Your physical or electronic signature.

We reserve the right, in Our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMER.

You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that we will not be liable for the timeliness, deletion, mis-delivery, or failure to store any data, information, or content transmitted by you through the Site.

WE PROVIDE THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no representation or warranty that: (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete, or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete, or reliable, and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Site or the Services. While we have endeavored to create a secure and reliable site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We and our affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions, or computer viruses.

The Site may be temporarily unavailable from time to time for maintenance or other reasons. We may make changes to the features, functionality, or content of the Services at any time. We do not routinely screen or monitor the Services, but we reserve the right in our sole discretion to edit or delete any information or content appearing on the Services, but we do not have the obligation to do so.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR LICENSORS, TOGETHER WITH EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES, OR (B) $100.

You hereby indemnify, defend, and hold harmless Company and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns ("Company Indemnified Parties") from and against any and all liability, expenses, costs, or other losses ("Losses") incurred by Company and/or Company Indemnified Parties in connection to any claims arising out of: (i) your use and access of the Site; (ii) your infringement of any third party's intellectual property rights; and/or (iii) any breach by you of these Terms, including the representations, warranties, and covenants you made, if any, by agreeing to these Terms.

IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

ARBITRATION, JURY WAIVER, AND CLASS ACTION WAIVER.

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from Company.

General.

The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms promptly by negotiation between individuals who have the authority to settle the controversy. If good faith negotiations do not lead to an amicable resolution within thirty (30) business days of commencing negotiations, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The tribunal will consist of one arbitrator. The arbitration will take place in the city and country where Company's headquarters is located. If this location is not feasible, the arbitration shall occur in a location of Company's choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Waiver of Jury Trial.

YOU AND COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Company are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Company over whether to vacate or enforce an arbitration award, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Company is entitled to arbitration, and all claims and disputes will be resolved pursuant to Section [20(e)].

Opt-out.

You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: support@creatorslab.io postmarked within thirty (30) calendar days of first accepting these Terms. You must include: (i) your name and residence address, (ii) the email address and/or telephone number associated with your Account, and (iii) a clear statement that you want to opt out of the arbitration provision herein. Please label the subject line as "Opt-Out."

Exclusive Venue.

If you send the opt-out notice in Section [21(d)], and/or in any circumstances where the foregoing arbitration agreement permits either you or Company to litigate any dispute arising out of or relating to the subject matter of this arbitration agreement or these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Company agree that any judicial proceeding will be brought in the courts located in Israel.

This Arbitration Agreement will survive any termination of your relationship with Company.

ENFORCEABILITY.

If any provision of these Terms is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms will remain valid and enforceable according to its terms.

LEGAL COMPLIANCE.

You agree to comply with all applicable domestic and international laws, statutes, and regulations regarding your use of the Site and Services provided therein.

MODIFICATIONS.

These Terms may be amended at any time by us without specific notice to you. The latest version will be posted on the Site, and you should review these Terms prior to using the Services so you are aware of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.

CONTACT.

If you have any questions or concerns about these Terms, please email us at support@creatorslab.io.

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