By using the website (the “Site”) of Creative Smarts Inc. (“CSI,” “we,” or “us”), even if you don’t register,
The Site includes a variety of applications and features, including but not limited to software and other downloads (collectively,
the “CSI Services”). We may change, suspend, or discontinue any aspect of the CSI Services at any time, including the availability
of any CSI Services feature, database, or content. We may also impose limits on certain features and services or restrict your
access to parts or all of the CSI Services without notice or liability. We reserve the right to suspend or terminate the
1. Proprietary Rights and Use of Content
All materials published on the Site and as part of the CSI Services (including, but not limited to, games, downloads, images,
illustrations, audio clips, and video clips, also known as the “Content”) are owned or licensed by CSI and are protected by
United States and foreign intellectual property laws. Subject to the license below, all these intellectual property rights
are reserved, and your use of the Site and the Content gives you no rights in or to the Content, including, but not limited
to, any rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided
to you in order to access the CSI Services (“Software”).
You may view, download for caching purposes only, copy, and print the Content and other downloadable items displayed on the
Services for your own personal, non-commercial use, or use within a single classroom, subject to the restrictions set out below
and elsewhere in these terms and conditions of use, and you may make one copy of the Software for archival purposes only. You
must retain all copyright and other proprietary notices contained in the Software and original Content on any copy you make.
Copying or storing of any Content for other than personal use or use within a single classroom is expressly prohibited without
prior written permission from CSI, or the copyright holder identified in the copyright notice contained in the Content. If you
would like to make reprints other than for such uses, please contact CSI at firstname.lastname@example.org
permission. You may not reproduce, upload, post, transmit, download, modify, or distribute the contents of the Site, the
Content, or information on sites accessible through links on the Site, provided that you may modify any content that you create
and post. You may not decompile, reverse engineer, or disassemble the Software or any Content. You may not sublicense, assign,
or transfer any of the rights to use the Site, Software, or Content, and any attempt to do so will be null and void.
This limited license will automatically terminate if you violate any of these restrictions and may be terminated by us without
notice at any time. Upon termination of this license, you must destroy any downloaded materials in your possession, whether in
electronic or printed format.
All trademarks, logos, service marks, and trade names displayed on the Site, the Content, or on content available through the
Site that are not owned by CSI are the property of their respective owners.
2. Materials You Create and Submit
The Site may have sections such as blogs, bulletin and message boards, chat areas, or similar features that provide you the
opportunity to post user-generated content including but not limited to, comments, forum messages, reviews, text, activities,
video, audio and photographs, as well as computer code and applications) (each, a “Submission”). In addition to any other
rules or regulations that we may post in connection with a particular feature, you agree that you will not upload, post,
transmit, distribute, or otherwise publish through the Site or any service or feature made available on or through the
Site, any materials that may be illegal or unlawful, may infringe any third party’s legal rights, or are capable of giving
rise to legal action whether against you or us or a third party (in each case under any applicable law), nor may you advertise
or solicit on the Site. You may use the CSI Services only in a noncommercial manner, and will not, without the express approval
of CSI, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods
or services. By posting Submissions, you represent that you have all necessary rights in and to such materials; that such
materials will not infringe on any personal or proprietary rights of any third parties; that such materials will not contain
defamatory, indecent, or otherwise unlawful content; and that such materials will not contain any viruses or other destructive
features. Any person involved in or affiliated with the production of a work reviewed on the Site or elsewhere in the CSI
Services may not submit a Readers’ Review for that work or competing works.
In posting Submissions, you agree that you will
- not threaten or verbally abuse any other person, use defamatory language, or deliberately disrupt discussions with repetitive
messages, meaningless messages, or “spam”; and
- not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age,
region, disability, etc.; hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of
the CSI Services.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Site and
elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them
eventually. It is therefore important that you are careful and selective about the information that you disclose about yourself
and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your
comments to our public forums.
We are not responsible for any Submissions on our Site, which may not reflect the views and opinions of CSI. Although we have no
obligation to screen, edit, or review Submissions, we reserve the right to monitor them, and to delete, move, or edit Submissions
that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise
unacceptable, and to deny access to anyone who violates these terms and conditions. CSI EXPRESSLY DISCLAIMS ANY RESPONSIBILITY
OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THE SITE OR THE CSI SERVICES OR FOR ANY CLAIMS, DAMAGES, OR
LOSSES RESULTING FROM THE USE OF THE SITE OR THE CSI SERVICES.
By posting Submissions, you are granting CSI a perpetual, non-exclusive, royalty-free, unrestricted, worldwide, sublicensable
license to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of,
host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading,
broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed,
any Submission posted by you on or to the CSI Services or any other web site owned by CSI. CSI has no obligation to provide you
with any credit when using your Submissions, and you waive any “moral rights” that you may have in the Submissions. Submissions
made to the Services may be displayed and published on the Site and in the CSI Services, and used for related online and offline
promotional used. They may also be included in our RSS feeds, APIs and made available for republishing through other formats.
3. Links to and From Other Sites
Links to, or embedded images from, other web sites may appear from time to time on the Site and in the CSI Services, to offer
additional resources on related subjects, but we have not reviewed all of these linked sites or embedded images and are not
responsible for the contents or accuracy of any such linked site or image. These links and images are provided as a convenience
to you and do not imply our endorsement of the site. You should take precautions when downloading files from all web sites to
protect your computer from viruses and other destructive programs. If you decide to access any linked sites, you do so at your
You may link to the Site provided that the following conditions are met:
4. Personal Information
- You do not frame or alter in any way the Site’s appearance, including without limitation removing any copyright or other
- You do not imply any endorsement or other connection between CSI and your site.
- You do not link to the Site from any site that contains unlawful, abusive, indecent or obscene material, that promotes
violence or illegal acts, or that in CSI’s sole discretion is otherwise unacceptable.
- You agree to discontinue the link at CSI’s request.
In the course of your use of the Site and the CSI Services and/or the services made available on or through the Site, you may be
asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of
acknowledge and agree that you are solely responsible for the accuracy and content of all information that you provide to us.
If we need to contact you, we may do so using your email address.
Please be aware that personal information—such as your name or email address—that you voluntarily disclose on services such as blogs,
bulletin and message boards, or in chat areas that are accessible to other users could be collected and disclosed by others. CSI
cannot take any responsibility for such collection or disclosure.
terminate or suspend your access to all or part of the CSI Services for any reason, including, without limitation, breach or
electronic or printed format.
6. Disclaimer and Limitation of Liability
CSI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CSI SERVICES, OR THEIR CONTENTS
(INCLUDING WITHOUT LIMITATION MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CSI DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY
DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE. FURTHER, CSI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING
THE ACCURACY, LIKELY RESULTS, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS ON THE SITE OR THE CSI SERVICES OR ON ANY SITES
LINKED TO THE SITE, OR THAT THE SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR
THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CSI, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR
SERVICE PROVIDERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE OR THE CSI SERVICES, BE
LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL,
COMPENSATORY, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS,
BENEFITS, USE, OR DATA, OR DUE TO BUSINESS INTERRUPTION, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OR INABILITY
TO USE THE SITE, THE CSI SERVICES, OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED TO IT, EVEN IF CSI OR AN AUTHORIZED REPRESENTATIVE
HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA
BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE. IN NO EVENT SHALL CSI OR THE OTHER INDIVIDUALS AND ENTITIES IDENTIFIED ABOVE BE
LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON
OR THROUGH THE SITE. IN NO EVENT WILL CSI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
AGGREGATE, THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Some jurisdictions do not allow exclusion of implied warranties or the limitation or exclusion of liability for incidental or
consequential damages, so some of the above limitations may not apply to you. Any action on any claim against CSI must be
brought within one year following the date the claim first accrued, or it will be deemed waived.
7. Revisions and Errata
The materials appearing on the Site and the CSI Services could include technical, typographical, or photographic errors. CSI
does not warrant that any of the materials on the Site and the CSI Services are accurate, complete, or current. We may make
changes to the materials contained on the Site and the CSI Services at any time without notice. We do not, however, make any
commitment to update the materials.
You agree to defend, indemnify and hold CSI and our affiliates, directors, officers, employees, and agents harmless from any and
all claims, liabilities, costs, and expenses, including attorneys' fees, arising in any way from your use of the Site or the CSI
Services, your placement or transmission of any Submission, message, content, information, software, or other materials on or
assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to
cooperate with our defense of such claim. You will not in any event settle any claim without our prior written consent.
9. Compliance with Local Laws.
The Site is controlled and operated by CSI in the United States and is intended for use within the United States. You may not use or
export any Content in violation of U.S. export laws and regulations. CSI makes no representation that materials on the Site are appropriate
or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are
responsible for compliance with local laws.
Any claim relating to the Site and/or the CSI Services shall be governed by the laws of the Commonwealth of Massachusetts without regard to
its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall
be filed only in the state or federal courts located in Massachusetts. You further consent and submit to the personal jurisdiction of these
These terms and conditions were revised October 19, 2011.
Digital Millennium Copyright Act Compliance
If you believe that any materials posted on the Site by others infringe on the copyrights of another party, please contact us. We comply with the
provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement
to us at email@example.com
Your notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
- Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
- Identification of the allegedly infringing material on the Site, and information reasonably sufficient to permit us to locate such material on the Site;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;
- A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of
the exclusive right that is allegedly infringed.