Terms and Conditions
Last updated: June 3, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://globalcreations.com website (the “Service”) operated by Global Creations LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Privacy
Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.
Electronic Communications
When you visit local Creations or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links To Other Web Sites
Our Service contains links to third-party web sites or services that are not owned or controlled by Global Creations LLC. Global Creations LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Global Creations LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
License and Site Access
Global Creations LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Global Creations LLC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Global Creations LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Global Creations LLC and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Global Creations name or trademarks without the express written consent of Global Creations LLC. Any unauthorized use terminates the permission or license granted by Global Creations LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of Global Creations so long as the link does not portray Global Creations LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Global Creations LLC logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Membership Account
If you use this site by logging in, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Global Creations LLC and its associates reserve the right to refuse service, terminate accounts, and remove or edit content at their sole discretion.
Comments, Emails and Other Content
Visitors may post comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Global Creations LLC reserves the right (but not the obligation) to remove or edit such content, and regularly reviews content before posting. If you do post content or submit material, and unless we indicate otherwise, you grant Global Creations LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Global Creations LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Global Creations LLC or its associates for all claims resulting from content you supply. Global Creations LLC has the right but not the obligation to monitor and edit or remove any activity or content. Global Creations LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Copyright
The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities.
You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our Global Creations LLC website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON OUR WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the material. You may not sell or modify the material or reproduce, display, publicly perform, distribute, or otherwise use the material in any way for any public or commercial purpose. The use of paid material on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material.
You are granted a nonexclusive, nontransferable, revocable license to use the Global Creations LLC website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download from Global Creations LLC. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls.
As a user at this website, you agree to use the products and services offered by our website in a manner consistent with all applicable local, state and federal laws and regulations. No material shall be stored or transmitted which infringes or violates the rights of others, which is unlawful, obscene, profane, indecent or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
Digital Millennium Copyright Act
The following describes the DMCA Compliance for the Global Creations LLC website.
We at Global Creations LLC are committed to responding to any alleged copyright violations, should they occur. Notice of any alleged violation should take the form proposed by the U.S. Digital Millennium Copyright Act as revealed at http://www.copyright.gov.
Remedy
If any material infringes on the copyright of any offended party, we may remove the content from Global Creations LLC, prevent access to it, terminate or block access for those responsible for the content, and/or any other action deemed appropriate. We may also pass along record of the incident for documentation and/or publication by third parties at our discretion.
Not Legal Advice/No Attorney-Client Relationship
If you believe your rights have been violated, it can be a serious matter. This DMCA notice exists solely to effectuate our efforts, as website owners, to prevent and eliminate infringement on intellectual property rights. It is no substitute for the assistance of competent legal counsel. Other remedies and action, such as against an internet service provider (ISP), may exist. You may wish to seek legal help immediately.
Notification
For your convenience and to speed resolution, notice of alleged infringement may be tendered to Global Creations LLC via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that your copyrights have been violated. Six figure awards have already been granted for bogus complaints, so seeking the help of competent counsel is advised.
Assuming you still wish to assert copyright violation, you should provide the following to speed up the process:
STEP 1. Identify in adequate detail the copyrighted item you believe has been violated, by providing the URL to the protected work, ISBN#, or otherwise.
STEP 2. Identify the URL of the webpage that you assert is infringing the copyrighted work listed in item #1 above.
STEP 3. Provide contact information for yourself (email address is preferred, phone is suggested).
STEP 4. Provide information sufficient to allow us to notify the owner/administrator of the allegedly infringing webpage or other content such as a blog or forum posting (email address is preferred).
STEP 5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
STEP 6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
STEP 7. Digitally sign your affirmation.
Counter-Notification
Note that the party representing the affected website or provider of content can issue a counter-notification under sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, and so we may again post or link to the content in that case.
For your convenience, counter notification may be tendered via email, using the email address and/or contact information provided on this website. We warn that you will be liable for any and all statutory and common law damages, as well as court costs and attorney fees, if you falsify a claim that others’ copyrights have NOT been violated
Assuming you still wish to file a counter-notice, you should provide the following to speed up the process:
STEP 1. Identify the specific URLs or other unique identifying information of material that we have removed or disabled access to.
STEP 2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
STEP 3. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown.”
STEP 4. Digitally sign the affirmation.
Disclaimer
This site is provided by Global Creations LLC on an “as is” and “as available” basis. Global Creations LLC makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Global Creations LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Global Creations LLC does not warrant that this site, its servers, or e-mail sent from Global Creations LLC are free of viruses or other harmful components. Global Creations LLC will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Applicable Law
By visiting Global Creations LLC, you agree that the laws of the Klamath County, Oregon, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Global Creations LLC or its associates.
Disputes
Any dispute relating in any way to your visit to Global Creations or to products you purchase through the website shall be submitted to confidential arbitration in Klamath County Oregon, USA, except that, to the extent you have in any manner violated or threatened to violate Global Creations LLC’s intellectual property rights, Global Creations LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your visit to Global Creations.
The contents of this page can and will change over time. Accordingly, this page could read differently as of your very next visit. These changes are necessitated, and carried out by Global Creations LLC, in order to protect you and our website. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Contact Us
If you have any questions about these Terms, please contact us at:
Global Creations LLC
PO BOX 5065
KLAMATH FALLS, OR USA
or via our Contact Page.