Terms and Conditions

Last updated: (September 30, 2019)

1Introduction

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://portal.create.tv website and the Client Portal mobile application (the "Service", or the “Application”) operated by Create Music Group, Inc. ("us", "we", "our", or “Create”).

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 downloading or otherwise accessing the Application you agree to be bound by the following terms and conditions ("Terms") and our privacy policy and our cookies policy. If you have any questions about the Application or these Terms, you can contact us by any of the means set out in paragraph 12 of these Terms.

If you do not agree with these Terms, you should stop using the Service and, if necessary, uninstall the Application immediately.

2General Rules Relating To Conduct

The Service is made available for your own, personal use. The Service must not be used for any illegal or unauthorized purpose. When you use the Service, you must comply with all applicable United States laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the Service, you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the Service in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the Service and/or Application, or any networks, servers or computer systems connected to them; or
(c) Modify, adapt, translate or reverse engineer any part of the Service or Application or re-format or frame any portion of the pages comprising theService or Application, save to the extent expressly permitted by these Terms or by law.

You agree to indemnify Create and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Service otherwise than in accordance with these Terms or Applicable Laws.

3Content

(i) The Service is, generally, intended as an information platform providing a single location to track daily performance across multiple platforms and digital stores by drawing statistics and data from all of the platforms and digital stores that Create services and presenting that information in a simple and concise way including: allowing asset comparison and data sorting by country and state (in the US); comparing revenue month-over-month, historical data, and estimates of revenue earned within 48 hours; and simplifying & automating the distribution process through a distribution submission form. The Service allows you to view data and download the reports that compose it, as well as, update your records with Create and submit new information for service ("Content"). You are responsible for the substance of the Content which you submit within the Application. The Application is intended as a mobile platform for accessing the Service and reflecting the data available on the platform in an even more simplified and mobile way. You are responsible for the substance of the Content which you create in the Application.

(ii) The Service also contains material copyrighted by Create Music Group, Inc. The copyright in all material contained on, in, or available through the Application including all information, data, reports, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Create or its group companies. All rights are reserved. You cannot print or download extracts of the Material for your own personal use nor copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Create’s express, written permission - except as otherwise provided and expressly permitted on the Service.

(iii) The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Application are owned by Create or its group companies or third-party partners of Create. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Create or the relevant group company or the relevant third-party partner of Create.

4Link To Third Parties

The Service may contain links to websites operated by third-parties (“Third-Party Websites“). Create may monetize some of these links through the use of third-party affiliate programs. Notwithstanding such affiliate programs, Create does not have any influence or control over, and assumes no responsibility for, any such Third-Party Websites, not the content, privacy policies, or practices of any third party web sites or services; and, unless otherwise stated, is not responsible for and does not endorse any Third-Party Websites or their availability or contents.

Create 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.

5Create Privacy Policy

We take your privacy very seriously.

Create will only use your personal information in accordance with the terms of our Privacy Policy and cookies policy. By using the Service, you acknowledge and agree that you have read and accept the terms of our privacy policy and cookies policy and these Terms.

6Disclaimer / Liability

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) CREATE DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE SERVICE; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE SERVICE (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN CREATE AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE SERVICE AND/OR THE APPLICATION; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE SERVICE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

Create will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Service, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

IF CREATE IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APPLICATION, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY DOLLARS ($50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE SERVICE OR APPLICATION, OR ANY IN-APPLICATION SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

Nothing in these Terms shall be construed as excluding or limiting the liability of Create or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by law.

7Service Suspension

Create reserves the right to suspend or cease providing any access relating to the Services or Applications published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

8Advertisers In The Application

We accept no responsibility for advertisements contained within the Application. If you agree to purchase goods and/or services from any third-party who advertises in the Application, you do so at your own risk.

The advertiser, not Create, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

9Competitions

If you take part in any competition which is run in or through the Application (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Create from time to time (“Competition Rules“) and by the decisions of Create, which are final in all matters relating to the Competition.

Create reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

10In-Application Voucher Codes

Any in-Application voucher codes issued by Create may only be used in accordance with our Terms and Conditions for in-Application voucher codes.

11General

(i) These Terms (as amended from time to time) constitute the entire agreement between you and Create concerning your use of the Application.

(ii) Create reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the Application or otherwise available on the Service to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Service. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Create.

(iii)These Terms shall be governed by and construed in accordance with the laws of the United States, the State of California, and the City of Los Angeles and you agree to submit to the exclusive jurisdiction of the City and County of Los Angeles and/or the Southern District of California.

(iv) If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

(v) Create’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Create in writing.

(vi) Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits in favor of any person other than you, Create and its group of companies.

12Contact Us

You can contact the Create at portal@createmusicgroup.com or at 1320 N. Wilton Pl, Los Angeles, CA 90028.