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Terms of Service

Application

The following Terms and Conditions ("Terms") are applicable to Creative Trees. The Creative Trees website is referred to generically herein as the "Website". The services provided by Creative Trees via the Website (other than third party websites accessible via the Website) are subject to these Terms and any policies that may be published by Creative Trees from time to time. The Terms and any applicable policies comprise the entire agreement between you and Creative Trees and supersede all prior agreements regarding the subject matter contained herein.

Acceptance of Terms

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, IMMEDIATELY DISCONTINUE USING THIS WEBSITE.

Description of Service

Creative Trees makes various services available on the Website including, but not limited to, the capability to create, post and exchange digital files. Fees for the various services are set out in the Service Fees and/or FAQ on the Website. You are solely responsible for providing, at your own expense: (i) all equipment, including a computer and modem; and (ii) your own Internet access.

In order to access some of the services, you will require a separate account and password which can be obtained by completing the online registration form ("Registration Data") and maintaining and updating your Registration Data as required.

YOU GRANT CREATIVE TREES THE RIGHT TO DISCLOSE TO THIRD PARTIES CERTAIN REGISTRATION DATA ABOUT YOU, WHICH DISCLOSURE IS MORE FULLY DESCRIBED IN AND GOVERNED BY THE PRIVACY POLICY. WE ASK THAT YOU PLEASE READ OUR PRIVACY POLICY SET FORTH BELOW AND ON THE WEBSITE, BECAUSE IT CONTAINS THE TERMS AND CONDITIONS OF OUR PERSONAL INFORMATION HANDLING PRACT ICES. IN ADDITION, OUR PRIVACY POLICY IS INCORPORATED INTO, AND FORMS A PART OF THESE TERMS AND YOU WILL THEREFORE BE SUBJECT TO THE PROVISIONS CONTAINED IN OUR PRIVACY POLICY.

YOU AGREE NOT TO HOLD CREATIVE TREES LIABLE FOR ANY DAMAGE TO, ANY DELETION OF OR ANY FAILURE TO STORE YOUR FILES, DATA OR REGISTRATION DATA.

You further acknowledge that Creative Trees has a fixed upper limit on the amount of disk space that you may use, which limits are set out in the FAQ and administration sections of the Website.

Grant of Limited License

Subject to the license granted herein, you retain all rights in and to any of your material you upload to the Website. In order to enable Creative Trees to provide the Website, you grant Creative Trees and its designated licensees a non - exclusive, royalty free, worldwide right to copy, distribute, use in connection with the operation of the Website, such material, regardless of the medium, technology, or form in which it is used. Such use by Creative Trees may include, but will not be limited to, use of any information or images posted to the Website to be included as part of a screen option, demonstration or brochure for the purpose of promoting your material or the Website.

You acknowledge that Creative Trees may be required to compress or perform other technical processing of your uploaded files due to technical limitations on the Website.

Backup Copies of Images

The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although Creative Trees takes what we believe to be reasonable precautions to preserve and protect the material you upload to the Website, you should not rely on the Website as your only storage facility. You should preserve copies of your film negatives or slides, and backup copies of any digital data or information that you have uploaded.

Security of Your Account

You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities which occur under your account. You agree to immediately notify Creative Trees of any unauthorized use of your account.

Your Conduct

  1. Your use of the Website is subject to all applicable laws and regulations, including Netiquette.
  2. You agree not to upload or otherwise transmit through the Website any unlawful, harassing, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic, illegal or otherwise objectionable material of any kind or nature.
  3. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
  4. You agree not to upload or otherwise transmit through the Website any material that:
    1. Infringes on any third party rights; and
    2. contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
  5. Your right to use the Website is personal to you. You agree not to resell or make any commercial use of the Website or transfer your rights herein, without the express written consent of Creative Trees, which consent shall be at Creative Trees' sole discretion.

Content

Creative Trees neither endorses or assumes any liability for the contents of any material uploaded or submitted by third party users of the Website. The Website acts only as a passive conduit for online storage of materials uploaded or submitted to the Website. Creative Trees retains the right to delete content that it deems in its sole discretion to be objectionable, but makes no claim to ensure that all objectionable or illegal content will be removed from the Website. You hereby consent to such removal and waive any claim against Creative Trees arising out of such file removal.

You acknowledge and agree that, during the course of providing the Website, Creative Trees may be required to grant access to a third party and/or decrypt files in response to a court order or in response to a request from law enforcement or other government authority. You hereby consent to such legal production and waive any claim against Creative Trees arising out of such court order.

Copyright

The entire content of the Website in aggregate is owned by Creative Trees, and protected as a collective work under Indonesia and international intellectual property laws, treaties and conventions, including the Berne Convention for the Protection of Literary and Artistic Works. Portions of the Website are provided to Creative Trees under license. The copying, reproduction, or publication of any part of the Website is prohibited, unless expressly authorized in writing by Creative Trees.

No copyrighted material may be uploaded or submitted to any Website by anyone without the permission of the copyright owner or persons authorized by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Website.

You acknowledge that content, including but not limited to text, music, sound, photographs, video, graphics or other material contained on the Website ("Content") is owned or licensed by Creative Trees and other third parties and is protected by copyrights, trade - marks and/or other rights and laws. You may download the material available on the Website for your personal, non- commercial use only. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, no changes in or deletion of author attribution, trade - mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.

Privacy Policy

For Creative Trees' privacy policy, please see Privacy Policy below, which may also be accessed through the Website.

Notice

All notices to you may be given by any means including, but not limited to:

  1. email;
  2. conventional mail;
  3. notices or messages posted on the Website; or
  4. any other means by which you obtain notice thereof.

Access to Third Party Websites

Creative Trees is not responsible for the content of any third party website which you access through the Website. If you decide to access any such third party website, you do so entirely at your own risk.

From time-to-time, Creative Trees may enter into strategic relationships with third party websites whereby portfolios of Creative Trees members will be visible through those third party websites. You agree that your portfolio, whether purchased through Creative Trees directly or via an access or offer on or in connection with a third party website, shall be deemed to have been purchased from Creative Trees for services offered directly on the Website. You also acknowledge that Creative Trees may terminate any such strategic relationship at any time without notice to you. If any such strategic relationship is terminated, your sole recourse is to terminate your relationship with Creative Trees in accordance with the termination policy below.

Modifications to Terms and Privacy Policy

Creative Trees reserves the right to change the Terms and Privacy Policy from time to time. Such changes, modifications, additions or deletions shall be effective immediately, and Creative Trees will make reasonable efforts to notify you of such modifications by email to the address listed by the registered user, posting a notice that modifications have been made on the top or this page or on Creative Trees home page, or other means that Creative Trees believes is reasonable in the circumstances. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Website and these Terms and the Privacy Policy periodically and to be aware of any modifications. Creative Trees shall not be liable to you or any third party should Creative Trees exercise such right. Your continued use of the Website after such modifications will constitute your:

  1. Acknowledgement of the modified Terms and Privacy Policy; and
  2. Agreement to abide and be bound by the modified Terms and Privacy Policy.

Modifications to Website and Services

Creative Trees reserves the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. Without limiting the foregoing, Creative Trees may, from time to time as it reasonably determines, change the attributes to various levels of "portfolio service" selected by visitors, change the pricing structure, add or remove non - fee and fee based services, or change its limitation on allowable file size; provided however, that Creative Trees will not retroactively make such changes which have been previously paid for by you. Creative Trees shall not be liable to you or any third party should Creative Trees exercise such right. Creative Trees will make reasonable efforts to notify you of such changes by way of email or posting a notice of such change on its Website and you acknowledge and agree that these are appropriate and reasonable methods of notifying me of such modifications. Please ensure that you attend to your email periodically and visit the Website periodically to check whether any modifications have been made.

Indemnification

You agree to indemnify and hold Creative Trees, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Website, which cause direct or indirect damage or harm to a third party.

Termination

Either you or Creative Trees may terminate your relationship with or without cause at any time. You agree that Creative Trees may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms. If Creative Trees reasonably suspects fraudulent, abusive or illegal activity, it will terminate your relationship with Creative Trees and we may refer such suspicions to appropriate law enforcement authorities.

Should you object to the Terms or Privacy Policy or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately:

  1. Discontinue use of the Website;
  2. Terminate your membership; and
  3. Notify Creative Trees of your termination.

Creative Trees shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CREATIVE TREES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.

CREATIVE TREES MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CREATIVE TREES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. CREATIVE TREES MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.

Limitation of Liability

CREATIVE TREES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF CREATIVE TREES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR AN AMOUNT GREATER THAN THE AGGREGATE AMOUNT YOU PAID TO CREATIVE TREES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION.

General

The Terms shall be governed by and construed in accordance with the laws of the jurisdictions in which we operate and you agree to submit to the exclusive jurisdiction of the courts of Jakarta Pusat, Indonesia.

If any provision(s) of the Terms or the Privacy Policy is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Creative Trees' failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless agreed to by Creative Trees in writing.

You agree that any cause of action arising out of or related to your use of the Website must commence within one (1) year after the cause of action arose.

The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

These Terms are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without Creative Trees' prior written consent.

Billing & Service Fees

All fees will be charged directly to your credit card account and are due in advance of the service period. After the initial signup period for which you were initially charged, your account will be automatically charged every 30 days unless you explicitly ask for the account to be terminated. Creative Trees does not provide refunds of any amount for any termination requests received after the monthly billing period has passed. Annual customers and customers with Two Year memberships will be contacted prior to expiry of their memberships and will be given the opportunity to renew their accounts. As detailed above, Creative Trees reserves the right to change its fees in accordance with the section above entitled "Modification to Website and Service".

Termination and Refund Policy

All termination requests are to be made to our Customer Service department by phone (62-21-4204545), email (customerservice@CreativeTrees.com) or fax (62-21-4202900). This will be confirmed with a return telephone call from a Customer Service Representative.

Upon Termination

  1. Fees prepaid for unused periods remaining are non - refundable;
  2. Your portfolio will be terminated.

Privacy Policy

Introduction

Nothing is more important to us than protecting the privacy of our clients. This Privacy Policy tells you how we collect information from you, what we disclose, how we use it and otherwise maintain such information. By providing personal information to Creative Trees via the Website or otherwise, you consent to the collection, use and disclosure of your personal information as set out below.

Application

In this Privacy Policy, we refer to the Creative Trees website as the "Website". Use of the Website is subject to Creative Trees' Terms of Service set forth above. This Privacy Policy is incorporated into the Website Terms of Service, and should therefore be read with the Terms of Service to fully understand your rights and obligations and the rights and obligations of Creative Trees.

Acceptance of Terms

BY USING THE WEBSITE OR BY OTHERWISE PROVIDING CREATIVE TREES YOUR PERSONAL INFORMATION, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THE PRIVACY POLICY, DO NOT PROVIDE ANY PERSONAL INFORMATION TO CREATIVE TREES WHETHER VIA THE WEBSITE OR OTHERWISE.

IF YOU DO NOT ACCEPT THIS PRIVACY POLICY AND THE TERMS OF SERVICE, PLEASE IMMEDIATELY DISCONTINUE USING THIS WEBSITE AND, AS STATED ABOVE, DO NOT PROVIDE ANY PERSONAL INFORMATION TO CREATIVE TREES.

Information Collected About You

Creative Trees collects personal information through a variety of methods, including via the Website, over the phone, direct mail or otherwise. In all instances, however, such collection shall be completely voluntary and at your discretion. It is always your choice whether or not to provide Creative Trees your personal information.

There are four types of information that Creative Trees collects about you:

  1. Personal Registration Information We collect the contact information you supply when you register or sign up for one of Creative Trees' services, including your name, address, phone, fax or e-mail address and the password you select. This information, which we refer to as "Personal Registration Information", may be edited by you at any time, either using your password or contacting a Creative Trees customer representative at customerservice@CreativeTrees.com. If you do not wish to modify your personal information over the Internet, you may contact one of our customer service representatives at the number listed at the bottom of this Privacy Policy.
  2. Limited Access Information We collect information such as nature of your profession, duration you've been in the profession, personal preferences. We use this information to be able to provide you with better, more enhanced services. Specifically, we use this additional information with our proprietary search software with the goal of increasing the opportunities to match your profile with others. This information, which we refer to as Limited Access Information, is accessible only to you and the people who you give permission to access your files.
  3. Publicly Posted Information We collect t he information you post or want to be publicly viewable, such as your online portfolio on Creative Trees. We refer to this information as Publicly Posted Information, and it is accessible by anyone with Internet access.
  4. Cookies and Tracking Information Creative Trees uses "cookies" to personalize your experience on our Website. Cookies are small data files that contain information about you, that are stored on your hard drive when you visit certain websites. Many popular websites use cookies to store y our preferences on a particular site. Cookies collect information such as your browser type, time and length of your visit. Our use of your personal information largely depends on the use of cookies. You can reset your browser to refuse all cookies or indi cate when a cookie is being sent. Note that if you refuse cookies, you may be unable to use certain services in the Website.

Use of Personal Information; Right to Opt Out

Your personal information will be used only to, among other reasons, provide you the services you have requested, improve the content on our Website, help us serve your needs and requests better, and generally support your use of the Website. Without limiting the foregoing, personal information collected on the Website or through other voluntary means may be used by Creative Trees, in following ways:

  1. to specify unique preferences and to provide personalized content;
  2. to track user trends and patterns;
  3. expand our online directories or contact you regarding future Creative Trees and third party products and services;
  4. to communicate special offers and featured items to you including notices pertaining to future Creative Trees and third party products and services;
  5. to respond to your customer service inquires or requests;
  6. provide you with certain information about products or services, from us or third parties, we think may interest you.
  7. to inform you of upcoming events, promotions, and developments with respect to membership information, including changes to our Service Fees; and
  8. to enhance website operation and efficiency.

Creative Trees will not sell or otherwise transfer your personal information to unaffiliated third parties other than in accordance with this Privacy Policy. If you do not want the information you provide to Creative Tree s used in the above noted manner, you can indicate this preference to our customer service representatives at customerservice@CreativeTrees.com or by calling our customer service number which is noted at the bottom of this Privacy Policy. Please note, however, depending on what you wish to opt- out from, may impact on our ability to provide you the services you are requesting.

Creative Trees reserves the right to provide aggregate data to third parties for statistical analysis. Such data will not be linked to any particular individuals. In addition, we also reserve the right to disclose your personal information if such disclosure is made pursuant to a legal proceeding or is required by law.

We will only keep your personal information for as long as it remains necessary or relevant for the purposes stated above or as otherwise required by law.

Advertisers on Creative Trees

From time to time, we conduct statistical analyses of the collective behavior and characteristics of our users to measure interest i n and use of Creative Trees' services. We sometimes provide our advertisers with this statistical information, such as the number of users that have been exposed to or clicked on their advertising banners. However, we only provide aggregated data from these analyses to third parties, we do not provide personal data characteristics such as your name, address or phone number or any other information, which can identify you as an individual.

Creative Trees permits third parties to offer their services to visitors of our Website through advertisements. Creative Trees is not responsible for the actions or policies of our advertisers or other third parties; therefore, we recommend that you verify the applicable privacy practices of any other website or third party before you provide them with your personal information.

Outside companies advertise on Creative Trees using banner advertisements. When you click on these ads to visit an advertiser's website, you may be given a cookie. While we use cookies in other parts of our Website (this use is described in more detail above), only the companies advertising on our Website collect the cookies you may receive with the banner ads. We do not have access to or control over our advertisers' cookies or data collection practices.

Security

Your Personal Registration Information -- the information you supply when you register or sign up for one of Creative Trees' services -- is password - protected so that only you and Creative Trees have access to this information. Your Limited Access Information is accessible only to you and the people who you give permission to access your files. Your Publicly Posted Information is available to anyone with Internet access. Your Cookie and Tracking Information is used by us for internal purposes only to provide you with personalized service.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect your personal information, Creative Trees cannot ensure or warrant the security of any information that you transmit to us through our Website or that you download from our online products or services on our Website, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems. Your personal information resides on a secure server that only authorized Creative Trees personnel and contractors have access to via password.

Please note that there are several places on the Website where you can transmit credit card information in order to complete a purchase transaction. We have taken steps to ensure that credit card and other financial information remains well protected. Any time we ask for a credit card number, we transmit that credit ca rd number in an encrypted format. We use industry- standard, SSL (secure socket layer) encryption.

Changing Personal Information at your request, Creative Trees will provide you with access to the personal information we may have on file about you and to allow you to update and/or correct personal information to the extent such information is inaccurate.

To notify us of changes to your personal information, to request that information about you is deleted or deactivated from our records, or to withdraw your consent for the collection and/or use of your personal information please e-mail us at customerservice@CreativeTrees.com or call us at the customer service number located at the bottom of this Privacy Policy.

Modifications to the Privacy Policy

Creative Trees reserves the right to make changes, modifications, additions or deletions to this Privacy Policy at any time. Creative Trees will make reasonable efforts to notify you of such modifications by email to the address listed by the registered user, posting a notice that modifications have been made on the top or this page or on Creative Trees home page, or other means that Creative Trees believes is reasonable in the circumstances. You acknowledge and agree that it is your responsibility to maintain a valid e-mail address as a registered user and to review this Privacy Policy periodically to be aware of any modifications. Your continued use of Creative Trees after such modifications constitutes your acknowledgement of the modified Privacy Policy, and agreement to abide and be bound by the modified Privacy Policy.

How to Contact Creative Trees

If you have any questions, comments, concerns or require more information about this Privacy Policy or the personal information practices of Creative Trees, pl ease direct your inquiry to the attention of our customer service department at:

Creative Trees 62-21-4204545 customerservice@CreativeTrees.com