How We Operate This Creative Child Cares Terms & Conditions ("Terms & Conditions") contains the terms and conditions that govern your participation in the Creative Child Cares Program (the "Program"). "We," "us," or "our" means Creative Child Cares. "You" or "your" means the non-profit organization or education administrator applicant. A "site" means a website or social media account. "CreativeChildCares" means the creativechildcares.com site (but not any other site available by Scooterbay Publishing, such as www.creativechild.com, www.babymaternity.com, www.creativechild.com, www.babymaternityretailer.com, www.creativechild.com, accessed through a web browser. "Your site" means any site(s) that you own, operate, or control, and link to the Creative Child Cares Site.
BY CONTINUING TO USE THIS PROGRAM YOU AGREE TO THE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT, YOU (A) REPRESENT AND WARRANT THAT YOU ARE LAWFULY ABLE TO ENTER INTO AND AGREE TO BE BOUND BY THIS PARTICIPATION AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS PARTICIPATION AGREEMENT; AND (C) REPRESENT AND WARRANT THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS PARTICIPATION AGREEMENT, INCLUDING ALL OPERATIONAL DOCUMENTATION (AS DEFINED BELOW). IN ADDITION, THE PERSON CHECKING THE BOX INDICATING ACCEPTANCE OF THIS AGREEMENT HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS LAWFULLY ABLE TO ENTER INTO CONTRACTS ON BEHALF OF SUCH NONPROFIT ORGANIZATION OR EDUCATOR AND TO BIND SUCH ORGANIZATION TO THIS PARTICIPATION AGREEMENT, IF APPLICABLE.
CreativeChildCares.com is a service that enables Users to earn money through the process of enrolling new subscriptions for Creative Child Magazine. Upon becoming a user through the Registration process (who receives funds) or a donor (who gives funds), you are subject to these Terms and Conditions of Use.
Description of the Program
The purpose of the Program is to permit Registered Organizations (as defined above) to receive donations from the Creative Child Cares when customers make Qualifying Purchases on the Creative Child Cares Site.
“Donations” are defined as the 75% giveback ratio for each subscription effectively processed. Each subscription is charged a rate of $7.95 for 2-years receipt of Creative Child Monthly digital magazine. $5.96 will be considered a donation for each transaction. Any additional direct donations contributed from the Donor will be charged a 4% transaction fee prior to being added to the Donation account. Donations are based on Qualifying Purchase transactions i.e. magazine subscription, in a given calendar month, and not subsequently returned. Donations for each calendar month will be made approximately 20 days following the end of that month. A minimum $50 in donations must be earned in the Donation Account in order to activate a payout. If we determine that we have made an overpayment in donations to or if we determine that you received donations to which you were not entitled as a result of your actions or omissions (for example, you provided incomplete or false registration information or otherwise violated this Participation Agreement), we reserve the right, in our sole discretion, to (a) deduct the amount of the overpayment from any donation amount that is due to you in subsequent donation cycles, and/or (b) notify you and request reimbursement for any amounts incorrectly paid to you, in which case you agree to reimburse us for such overpayments promptly and in any event within 30 days of such request. You acknowledge and agree that we are under no obligation to provide you with a report of Qualifying Purchases or donations earned. If we determine that you are no longer an Eligible entity or that you or anyone acting on your behalf has violated any term or condition set forth in this Participation Agreement, we reserve the right to distribute any donation that would have been made to you instead to one or more other registers. When making donations to Registered entities, we will payout donations to you via the PayPal account you designate, but we may accrue and withhold donations until the total donation is at least $5.00, at which point the accrued and withheld total donations will be paid during the next monthly donation cycle. If your Registered Organization has an accrued donation that remains below $50.00 for four consecutive months (including any unpaid amounts that have been held from prior monthly because they total less than $50.00), we will donate such amounts to you in the donation cycle following that fourth month even if the total donations for you are below the $50.00 threshold. Should the PayPal Account not be available, a check will be processed and mailed within 7-10 business days from the conclusion of the month. We may be obligated by law to obtain tax information from you. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your donations until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.
Your Creative Child Cares online donation page you use will be publicly available on the Internet. Donors will have the option to show the world that they have donated. All users and donors must abide by these Terms and Conditions of Use, and all users and donors are responsible for complying with all applicable laws. Conditions of Service We intend for Creative Child Cares to help do good things for the world. Accordingly, we care about how you use Creative Child Cares fundraising capabilities and we may refuse service to you at any time if you violate these conditions of service. You may not use CreativeChild Cares services unless the following conditions are met:
• The funds you obtain through the methods on our website will be used solely for the purposes described in the materials that you post;
• You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to the laws relating to your marketing and solicitation for your project.
• You are at least eighteen (18) years of age to participate in any transaction on the Creative Child Cares website.
• In addition to meeting the above conditions, you may not use the Creative Child Cares service for any activities that:
• violate any law, statute, ordinance or regulation; relate to sales of controlled substances or other products that, in the reasonable judgment of Creative Child Cares, are unsafe, illegal, promoting of illegal activity, sexually explicit, infringing the intellectual property rights of others, dangerous or otherwise supporting of activities that present a risk to consumer safety; or
• are otherwise decided by Creative Child Cares in its sole discretion to be inappropriate for Creative Child Cares then-current services.
If you have any questions about whether your activity may violate Creative Child Cares conditions of services, please e-mail us at info@creativechildcardes.com. Creative Child Cares and Scooterbay Publishing will not be held liable for any loss or damage due to failure to comply to the terms of this agreement.
Modifications Of Service
You agree that CreativeChildCares.com may, in its sole discretion, modify the terms of this Agreement by updating the modified terms to the CreativeChildCares.com website. By continuing to use the product after registering you are accepting the modified Terms and Conditions of Service. You also agree to allow CreativeChildCares.com to use anonymous aggregate data to enable CreativeChildCares.com to offer better services in the future. By using the CreativeChildCares.com service you agree that you are at least 18 years of age and will notify the CreativeChildCares.com staff about any unauthorized use of your User or Donor accounts. You also agree that you will not use explicit, obscene, or otherwise abusive or hateful language in any area of the CreativeChildCares.com website, use your account for illegal purposes, provide inaccurate information, bypass the then-currently-designated method of payment. Creative Child Cares can removing any posting on the CreativeChildCares.com site or refuse service to any person or organization for any reason whatsoever, including but not limited to a violation of these Terms & Conditions. If your account is deleted or service suspended, Creative Child Cares has no obligation to refund your money or any amounts previously paid. Creative Child Cares does not review postings to its site with regularity, and you are responsible for anything offensive you see on the site and for protecting your equipment from computer viruses, worms, and the like. These Terms and Conditions are governed by the laws of the State of Nevada. Any disputes relating to these Terms and Conditions of Use must be resolved in a court in the State of Nevada, and you hereby consent to the jurisdiction of the State and Federal Courts in the State of Nevada.
Indemnification
You agree to defend, indemnify and hold harmless Creative Child Cares and Scooterbay Publishing, LLC, its agents, and associated brands from and against any and all claims and expenses, including attorneys' fees, costs, and disbursements, arising out of your use of the CreativeChildCares.com website. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. You will receive communications from CreativeChildCares.com from time to time, and consent to allow CreativeChildCares.com and the associated resource, CreativeChildMagazine.com to send these communications to your e-mail address.
Severability
In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will remain in force as though they had been entered into without that unenforceable provision being included in it.
Solicitations
We do not solicit directly. All solicitations are carried out by our customers. All charitable donations are processed through Creative Child Magazine.
Warranty Disclaimer CREATIVECHILDCARES ("WE") MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR PRODUCTS, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. YOU AGREE THAT OUR LIABILITY IS LIMITED UNDER ALL CIRCUMSTANCES TO THE AMOUNT OF MONEY THAT YOU HAVE PAID US FOR OUR SERVICES, AND IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACTS OF THIRD PARTIES MAKING OFFERS THROUGH OR USING OUR WEBSITE. IF ANY THIRD PARTY GOODS OR SERVICES DO NOT MEET YOUR EXPECTATIONS, THAT IS THEIR FAULT, NOT OURS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY CHARITABLE OFFERS THAT ARE NOT BONA FIDE OR OTHERWISE MISLEADING. WE ARE NOT LIABLE FOR ANY DOWNTIME OF OUR WEBSITE WHICH MAY PREVENT ACCESS TO THE WEBSITE, WHETHER FOR A SHORT TIME OR PERMANENTLY. OUR PROVISION OF THESE SERVICES IS CONTINGENT ON YOUR AGREEMENT TO THESE TERMS, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE OUR SERVICES. NO LIMIT OF LIABILITY IN THIS SECTION AFFECTS THE LIMITATION OF LIABILITY IN ANY OTHER SECTION OF THIS AGREEMENT. IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS OF LIABILITY SUCH AS ARE CONTAINED ABOVE, THEN YOU AGREE THAT OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED UNDER LAW IN YOUR JURISDICTION. IF YOU RESIDE IN CALIFORNIA, YOU WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Copyright Infringement If you believe your copyright has been infringed, please send us a notice that contains: • Your name. • The name of the party whose copyright or trademark has been infringed, if different from your name. • The name and description of the work that is being infringed. • The location on our website of the infringing material. • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent at: info@Creativechildcares.com 2505 Anthem Village Dr. Suite #E619 Henderson, NV 89052 If the DMCA notice is properly formed, we will act quickly to take down the complained-about material and request a response from the person responsible for posting it. Please note that sending a false DMCA notice is not only a criminal act, but also enables the victim of the notice to sue you.
REVERSE ENGINEERING AND INTELLECTUAL PROPERTY RIGHTS
You shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of our Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); or (ii) modify or create derivatives of any part of our Service.
Scooterbay Publishing, LLC shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. You shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the CreativeChild Cares website, or to any of the services offered on or through our Service, by hacking, password "mining", or any other illegitimate means.
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