Acceptance of the Terms of Use
These Terms of Use are entered into by and between you and The Create't Global LLC (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use of www.thecreatet.com (the “Website”), including any content, functionality, and services offered on or through the Website, whether as a guest, registered user, customer, vendor, or contributor of content.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, Safe and Proper Use Manual, User Generated Content Policy, and our other policies and terms and conditions, each incorporated herein by reference. By using this Website, you represent that you are at least the age of majority in your state or province of residence. If you do not agree to these Terms of Use, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. It is your responsibility to check the Website for any changes each time you access it. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
Website and Account Security
We reserve the right to withdraw or amend the services and content on the Website at any time without prior notice. We are not liable for any unavailability, changes, or modifications of the Website content.
To access certain resources on the Website, you may be required to provide registration details, and all information provided must be accurate, complete, and up-to-date. You agree that we will handle this information in accordance with our Privacy Policy.
If you are provided with a username, password, or other security information, you must keep it confidential and not share it with others. Your account is for personal use only, and you should notify us immediately if there is any unauthorized access or security breach. Ensure that you log out of your account after each session, especially when using public or shared computers.
We have the right to disable any username, password, or identifier at any time, for reasons including but not limited to violations of the Terms of Use.
Third-Party Websites and Other Users
This Website may contain links or advertisements to third-party websites (such as Facebook, YouTube, Twitter, Pinterest, etc.). These third-party websites are not under the control of The Create't Decor, and we are not responsible for their content, nor do we review, approve, or guarantee them. You agree to access and use these websites at your own risk and are bound by the terms and policies of the third-party service providers. It is advisable to conduct your own investigation before making any transactions.
You release us and our affiliates, employees, and other related parties from any liability for losses, damages, rights, or lawsuits arising from interactions with third-party websites or other users, including personal injury, death, and property damage.
Intellectual Property
The Website and all of its content (including but not limited to information, software, text, images, video, and audio) are owned by the Company, its licensors, or other rights holders and are protected by U.S. and international intellectual property laws. You may only use the Website for personal, non-commercial purposes and must not reproduce, distribute, modify, create derivative works, publicly display, download, store, or transmit any content from the Website.
You must not modify any copies of materials from the Website or use any illustrations, photographs, video, or audio sequences separately from the accompanying text. If you violate the Terms of Use, your right to use the Website will be terminated, and you must, at the Company’s request, return or destroy all copies. All rights to the Website and its content are reserved by the Company, except where explicitly granted. Any unauthorized use may infringe copyright, trademark, and other laws.
You must not use any part of the Website or any services provided through the Website for commercial purposes.
Intellectual Property
The Website and all of its content (including but not limited to information, software, text, images, video, and audio) are owned by the Company, its licensors, or other rights holders and are protected by U.S. and international intellectual property laws. You may only use the Website for personal, non-commercial purposes and must not reproduce, distribute, modify, create derivative works, publicly display, download, store, or transmit any content from the Website.
You must not modify any copies of materials from the Website or use any illustrations, photographs, video, or audio sequences separately from the accompanying text. If you violate the Terms of Use, your right to use the Website will be terminated, and you must, at the Company’s request, return or destroy all copies. All rights to the Website and its content are reserved by the Company, except where explicitly granted. Any unauthorized use may infringe copyright, trademark, and other laws.
You must not use any part of the Website or any services provided through the Website for commercial purposes.
Trademarks
The Create't Decor™ , The Create't and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Prohibited Uses
You agree to use the Website only for lawful purposes and to comply with the following restrictions:
Do not violate any applicable laws or regulations, including those related to the export of data or software;
Do not exploit or harm minors, or distribute inappropriate content;
Do not send, upload, download, or use materials that do not comply with these Terms;
Do not send advertisements, junk mail, or similar promotional materials;
Do not restrict or hinder others from using the Website;
Do not infringe upon the intellectual property rights of others or engage in unlawful acts;
Do not harass, insult, threaten, or harm the Company or others;
Do not submit false information or engage in any activities that may cause harm.
Additionally, you agree not to:
Disable, overload, damage, or interfere with the normal operation of the Website;
Use automated tools like robots or spiders to access the Website or copy content without authorization;
Use any device or software to interfere with the proper functioning of the Website;
Introduce malicious software such as viruses or malware, or engage in any destructive actions;
Attempt unauthorized access to or damage any part of the Website.
These actions will result in the termination of your access to the Website and may violate applicable laws.
User Content Submission
You acknowledge that you are fully responsible for all information, profiles, opinions, comments, ratings, photos, videos, feedback, testimonials, ideas, and any other content or material (collectively referred to as "Submissions") you submit, upload, post, display, transmit, or otherwise make available through this Website, on our social media platforms (including but not limited to Instagram, Facebook, TikTok, YouTube, etc.), or through other means. You ensure that such content complies with our Content Standards and that you either own the relevant intellectual property rights or are authorized to grant us a license.
When submitting customer reviews, product ratings, or testimonials, you represent that: (i) you have used or purchased the product you are reviewing, and that the content provided is your genuine personal opinion; (ii) such content will not harm any individual or entity; (iii) the Submission does not violate these Terms of Use, our Terms of Sale, or our Safe and Proper Use Manual.
Any content you submit will be considered non-confidential and non-proprietary, and by submitting such content, you grant us and our affiliates, service providers, licensors, successors, and assigns, a worldwide, perpetual, royalty-free license to use, copy, modify, edit, display, distribute, create derivative works of, and disclose such content on any medium we choose. If your Submission includes your name, image, likeness, or that of your child, you agree that we may use such likenesses in connection with our use of the Submission, including any related derivative works.
You represent that you own all rights to the Submissions or have the right to grant the necessary license, and ensure that all Submissions comply with these Terms. You agree to pay any royalties, fees, and any other monies due as a result of submitting the content, and confirm that you have the legal capacity to enter into these Terms within your jurisdiction.
We are not responsible for the accuracy of any Submissions made by you or other users, nor for any third-party liabilities arising from such submissions.
Monitoring and Enforcement; Termination
We have the right, but not the obligation, to: (a) remove, modify, or refuse to post any Submissions; (b) take legal action for any illegal or unauthorized use of the Website, including reporting to law enforcement; (c) terminate or suspend your access to the Website, especially in the case of a violation of these Terms of Use; (d) take action regarding any Submission that violates these Terms of Use, infringes intellectual property, or threatens safety; (e) disclose your identity or other information to any third party who claims that you have infringed their rights.
We have the right to cooperate with law enforcement or court orders to disclose the identity or other information of users who post materials. You agree to waive any claims against the Company and its affiliates arising from actions taken as a result of these measures.
Content Standards
All submitted content must comply with the following standards and applicable laws and regulations:
Do not use false identities or mislead the origin of the content;
Do not attempt to gain unauthorized access to our network or user accounts;
Do not include any defamatory, obscene, offensive, violent, hateful, inflammatory, or otherwise objectionable material;
Do not violate our Safe and Proper Use Manual or Privacy Policy;
Do not include content unrelated to the website’s offerings;
Do not promote discriminatory or sexually explicit material, or violence based on race, gender, religion, nationality, disability, sexual orientation, or age;
Do not infringe upon the intellectual property or legal rights of others;
Do not involve commercial activities, promotions, or advertising;
Do not mislead others into believing that the content is endorsed or approved by us.
The above list is an example and not exhaustive. We are not responsible for monitoring or removing any user-submitted content and assume no liability for any actions or inactions regarding transmissions, communications, or content provided by any user or third party.
Disclaimer of Information Posted
The information provided on this Website is for general reference purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk. We disclaim all liability for any loss or consequences that arise from your or any other person’s reliance on such information.
This Website may include content provided by third parties, such as materials from other users, customers, vendors, bloggers, third-party licensors, and reporting services. The statements, opinions, and content expressed in these materials, other than those provided by the Company, are solely the opinions and responsibilities of the person or entity providing the materials. These materials do not necessarily reflect the opinion of the Company, nor do they constitute an endorsement by the Company. We are not responsible or liable for the content or accuracy of any materials provided by third parties.
Neither we nor our third-party service providers, contractors, partners, suppliers, or affiliates guarantee the accuracy or completeness of the content provided on this Website, nor can we guarantee that your use of the Website will be uninterrupted, secure, or error-free. Therefore, to the extent permitted by applicable law, The Create't disclaims all express or implied warranties, including but not limited to implied warranties of ownership, non-infringement, accuracy, merchantability, and fitness for a particular purpose, as well as any warranties arising from the course of dealing, performance, or trade practices. Please note that certain jurisdictions do not allow such disclaimers, so this disclaimer may not apply to you.
Changes to the Website
We may update the content on this Website from time to time, but we do not guarantee that all information is complete or up-to-date. The materials on the Website may be outdated at any given time, and we are not obligated to update them. You agree to monitor changes to the Website at your own discretion.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases – Terms and Conditions and Other Policies
All purchases through the Website or other transactions for the sale of products or services carried out through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Receipt of an order number or email order confirmation does not constitute acceptance of an order or a confirmation of a sales agreement. The Create't reserves the right to limit the quantity of any item ordered and/or to refuse service to any customer at any time without prior notice. Before accepting an order, we may need to verify information. Prices and availability of products are subject to change without notice. Upon discovering errors, corrections will be made, and The Create't reserves the right to revoke any offer and correct any errors, inaccuracies, or omissions (including after an order has been submitted). Certain orders may constitute improper use of the Website. The Create't reserves the right, in its sole discretion, to refuse or cancel any order for any reason. Your The Create't account may also be restricted or terminated for any reason, as determined by The Create't.
Risk of Loss and Shipping and Delivery
All items purchased from The Create't are made under a shipping contract with the carrier. This means the risk of loss and title for such items passes to you when the product is delivered to the carrier. Products will be shipped to the address you designate, if applicable, as long as the address is complete and complies with any shipping restrictions listed on the Website. The time and location of delivery are at the discretion of the carrier.
Product Descriptions
The Create't strives to be as accurate as possible. However, The Create't does not guarantee that product descriptions, pictures, colors, sizes, ingredient lists, or other content on this Website are accurate, complete, reliable, current, or error-free. If a product offered by The Create't is not as described, your sole remedy is to return the product. Please email info@thecreatet.com for return information.
Subscription Auto-Order
By selecting "Subscription" or "Auto-Order" for eligible items on the Website, you agree to the applicable terms and conditions of our subscription ordering program.
Geographic Restrictions
The owner of this Website is based in the State of California, United States. We provide this Website for use only by individuals located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside the United States and Canada. Access to the Website may not be legal for certain individuals or in certain countries. If you access the Website from outside the United States and Canada, you do so at your own risk and are responsible for complying with local laws and regulations.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free from viruses or other destructive code. You are responsible for implementing appropriate procedures and checkpoints to ensure your virus protection requirements are met, and for ensuring the accuracy of data input and output, and for maintaining means to reconstruct any lost data, particularly outside of the Website.
To the fullest extent permitted by law, we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful materials that may infect your computer equipment, computer programs, data, or other proprietary materials due to your use of the Website, any services or items obtained through the Website, or your downloading of any materials posted on it, or any other website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is entirely at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any associated persons make any representations or warranties regarding the completeness, security, reliability, quality, accuracy, or availability of the Website.
Specifically, we do not warrant that: the Website or its content will be accurate, reliable, error-free, or uninterrupted; defects will be corrected; or that our servers will be free of viruses or other harmful components. We also do not guarantee that the Website or any services or items obtained through it will fully meet your needs or expectations.
To the fullest extent permitted by law, we hereby disclaim all forms of warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, durability, and fitness for a particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
All matters related to the Website and these Terms of Use, as well as any disputes or claims arising therefrom (including non-contractual disputes), shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any conflict of laws provisions.
Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be exclusively instituted in the federal courts of the United States or the courts of the State of California. You agree to waive any objections to the jurisdiction of such courts and consent to venue in such courts.
Dispute Resolution and Binding Arbitration
We believe that arbitration is an efficient way to resolve disputes. You agree that any and all disputes will be resolved exclusively through binding arbitration and on an individual basis, and not in a class, consolidated, representative, or similar action (except as otherwise specified). Arbitration procedures will not involve judges or juries, are simplified and less formal, and judicial review of an arbitration award is limited. The arbitrator has the authority to grant damages and relief similar to what would be available in court, including attorney's fees.
By accepting these Terms of Use, you waive your right to litigate disputes in court, the opportunity for a jury trial, and your ability to proceed with a class or representative action.
Arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, unless modified by these Terms. The arbitrator has the exclusive authority to resolve disputes related to the enforceability of the arbitration clause. Any award made by the arbitrator will be binding and can be enforced in any court with jurisdiction.
If you notify us in writing within 60 days of your purchase, you may choose to pursue your claim in small claims court rather than through arbitration. Arbitration or small claims court procedures will be limited to the individual dispute.
If any provision of the arbitration agreement is found to be unenforceable, that provision will be severed, and the remaining terms will continue in effect.
Some states do not allow the waiver of a jury trial, and therefore, this provision may not apply to you.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be removed or limited to the minimum extent necessary, so that the remaining provisions will continue in full force and effect.
Entire Agreement
These Terms of Use, along with our Privacy Policy, Terms of Sale, Safe and Proper Use Manual, and other relevant policies and terms, constitute the entire agreement between you and The Create't Global LLC regarding the Website and supersede all prior agreements.
The headings in these Terms are for reference only and shall not affect the interpretation of the Terms.
This website is operated by The Create't Global LLC. If you have any questions, please send an email to info@thecreatet.com.
Feb. 10, 2025