Developer Terms

Last modified: March 1, 2016

Welcome to Creatubbles developer terms of use (“Developer Terms”) which relate specifically to your use of our APIs and govern your development on and use of our Creatubbles Platform.

We’re working hard to provide safe and quality online social media environments, platforms, and applications for our Users, particularly minor Users, to collect, store, modify, and share creative content (our “Services”). We’re excited that you’ve chosen to develop on the Creatubbles Platform and hope that our platform materials will enable you to create innovative applications to connect users with Creatubbles and its Services.

INTRODUCTION

When you develop a software application, website, service, or product (an “Application”) on the Creatubbles Platform you are agreeing to be bound by the following Developer Terms, so please read these terms carefully before using our platform materials or the Creatubbles Platform.

When reviewing our Developer Terms, please also keep in mind these principles:

  1. Our Users are very important to us and we strive to protect their personal data and privacy settings.
  2. Creatubbles is focused on creative content and we take the intellectual property rights associated with all content on our sites very seriously.
  3. Many of our Users are minors, and we ask that you consider the laws and other regulations which may be in place by Creatubbles and various governmental entities to protect minors in an online environment.

SCOPE

We provide the Creatubbles Platform to allow developers to design Applications that connect users with Creatubbles.

  1. Acceptance of Developer Terms. We invite you to review, access, download, and use the various developer tools and information provided on our developer website (the “Creatubbles Platform”). You are not required to agree to our Developer Terms. If do not accept or are not authorized to accept our Developer Terms, you may not develop on or use the Creatubbles Platform. By developing on or using the Creatubbles Platform, you acknowledge and accept the Developer Terms.
  2. Acceptance of Other Terms. By agreeing to the Developer Terms, you also reaffirm your agreement to be bound by our Terms of Use and Privacy Policy, which are fully incorporated in their most current version herein.
  3. Acceptance on Behalf of Another Entity. If you are developing on behalf of an organization or an entity other than yourself, you agree to these Developer Terms for that entity and confirm that you have authority to bind that entity and its parents, subsidiaries, and affiliates to these Developer Terms.
  4. Partner Programs. Creatubbles may also offer specialized tools for certain Partners who wish to use our Services to offer a more specifically developed user experience such that their users may interact with Creatubbles in unique ways (“Partner Programs”). Partner Programs are governed by a signed partnership agreement between Creatubbles and the Partner which may modify these Developer Terms.
  5. Versions. We may revise these Developer Terms from time to time by posting a revised version on our websites, and your continued use of our Creatubbles Platform or our Services constitutes your acceptance of any changes to our Developer Terms. You acknowledge by your use that you have reviewed these Developer Terms in their entirety, that you agree to these Terms in their currently posted form, and that these Terms constitute binding and enforceable obligations on you.
  6. Language. While Creatubbles is accessible to Users in many countries and our content may be provided in various languages, the English language version of this and all other Creatubbles documents is the official and binding document.
  7. Independent Contractors. There is no joint venture, partnership, agency, or fiduciary relationship existing, or created by these Developer Terms, between you and Creatubbles.

LICENSES AND AUTHORIZED USES

  1. Developer License. Subject to and conditional upon your compliance with our Developer Terms, Creatubbles grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license as follows:
    1. Creatubbles Platform. You may develop on and distribute the Creatubbles Platform only in the form and with the conventions indicated in the information provided by Creatubbles to developers. You may access, use, and make a reasonable number of copies of the Creatubbles Platform for your use in accordance with the Developer Terms.
    2. Creatubbles Marks. You may use any of the Creatubbles Marks as indicated and found in our Branding Guidelines solely to promote your use of the Creatubbles Platform and in accordance with these Developer Terms. You agree that you will not contest the validity or ownership of the Creatubbles Marks and will not apply to register any marks or other trade designation that is confusingly similar. You further agree that any and all goodwill generated through your use of the Creatubbles Marks is to the sole benefit of Creatubbles.
  2. Creatubbles License. You grant to Creatubbles a paid-up, royalty-free, non-exclusive, worldwide, transferable, sublicensable, irrevocable right and license, under all of your Intellectual Property as are required for us, either directly or through our affiliates or service providers, to:
    1. Link, direct, and allow Users to use your Applications or the Creatubbles Services.
    2. Use your name, likeness, or brand (which includes all of your trademarks, service marks, logos, brand names or trade names, your “Marks”) to the extent that such Marks are incorporated into your development work product.
  3. Open Source and Third Party Software. Creatubbles is committed to the use of Open Source software and our Creatubbles Platform and Creatubbles Services may include open source or third party software. You agree to take and use any such software under the terms of the applicable licenses.
  4. License Limitations.
    1. The validity and effect of licenses granted hereunder is limited to the Term defined herein.
    2. Neither party grants the other any rights to its intellectual property, including all patent, trademark, copyright, trade secret, or other proprietary rights (“Intellectual Property”), except as expressly provided in these Developer Terms. Each party specifically retains all rights to its Intellectual Property, including any in-licensed or derived works. Creatubbles specifically claims and reserves all rights to the Creatubbles Platform and any associate Intellectual Property thereof.
    3. You may not remove or alter any copyright, trademark, or other intellectual property notice contained in or provided through Creatubbles’ Intellectual Property, the Creatubbles Platform, or the Creatubbles Services.
    4. You represent and warrant that all Intellectual Property, Applications or other information, services, or processes that you provide to Creatubbles are free from infringement of any third party’s Intellectual Property rights and you agree to fully indemnify Creatubbles from any claim that arises substantially or solely from your development on, access to, or use of the Creatubbles Platform or any Application you provide Creatubbles or others.
    5. In the event that you no longer use the Creatubbles Platform or cease your agreement to these Developer Terms, any licenses granted herein will terminate and the parties shall make commercially reasonable efforts, as determined in Creatubbles’ sole discretion, to remove references and links to your Application, Creatubbles, and any contingent use of the Marks or Creatubbles Marks from each other’s websites, products or services.

RESTRICTIONS

  1. Use of Creatubbles Platform and Services. You agree to the following restrictions:
    1. Do not use the Creatubbles Platform or Creatubbles Services in any way that is, or might be construed as, an illegal activity, or to harass, embarrass, harm, or improperly target any Creatubbles User.
    2. Do not edit, modify, alter, or create derivative works of Creatubbles content or that of any Creatubbles User in any way. For example, you are not permitted to modify or edit the creative works posted by our Users and accessible through the Creatubbles Platform. If necessary, you may adjust the size of metadata or imagery as necessary for uses authorized under these Developer Terms.
    3. Do not misuse the Creatubbles Platform, including (i) modifying, editing, disassembling, decompiling, reverse-engineering, or extracting source code from the Creatubbles Platform or Creatubbles Services; (ii) unauthorized accessing, distributing, or copying, or the facilitation thereof, of the Creatubbles Platform; or (iii) interfering, or attempting to interfere, with the proper functioning or performance of the Creatubbles Platform or Creatubbles Services.
    4. Do not use the Creatubbles Platform or Creatubbles Services for any illegal or unauthorized purpose, including (i) failing to comply with applicable laws and regulations, including, without limitation, laws regarding personal data, privacy, copyright, and export controls; (ii) misusing Creatubbles Intellectual Property; or (iii) facilitating the misuse or misappropriation of any open source, third party or licensed rights of Creatubbles or any third party.
    5. Do not use the Creatubbles Platform or Creatubbles Services in any manner to compete with or build products or services that compete with Creatubbles without our written permission.
    6. Do not improperly access, modify, or store any Creatubbles information or that of Creatubbles Users, including (i) using any automation tools to retrieve, duplicate, or index any portion of the Creatubbles Services or collect information about Creatubbles Users for any unauthorized purpose; (ii) aggregating metadata or other Creatubbles content or information to create databases or other compilations other than as strictly necessary to use your Application; (iii) requesting, collecting, soliciting or otherwise obtaining access to usernames, passwords, or other authentication credentials for Creatubbles Services and Creatubbles Users, other than as specifically provided for by the Creatubbles Platform and as strictly necessary to use your Application or as expressly authorized by Creatubbles and its individual Users.
    7. Do not directly or indirectly transfer Creatubbles information or Creatubbles User information (including any aggregated, anonymized or derived data) to unauthorized third parties.
    8. Do not damage, disparage, or take other actions that would be detrimental to Creatubbles, its Users, its affiliates or its Partners.
    9. Do not use the Creatubbles Platform, Creatubbles Services, or Creatubbles Marks in any way to (i) promote or distribute an application, product, service, website, or other offering; (ii) associate, imply, or otherwise suggest an endorsement, tie-in, co-branding, or promotion of any brand, service, website, product, or offering with or by Creatubbles.
    10. Do not use the Creatubbles Platform, Creatubbles Services, or Creatubbles Marks in any manner or for any purpose that is not expressly authorized in these Developer Terms or in any other Creatubbles policies or instructions.
  2. Commercial Uses. You are not permitted to use the Creatubbles Platform or Creatubbles Services for your commercial purposes without our prior written approval. Commercial purposes may include but are not limited to any sale of, charge for accessing or use of, or advertising or marketing of the Creatubbles Platform or Creatubbles Services, regardless of by what methodology you attempt to commercialize the Creatubbles Platform or Creatubbles Services.
  3. Confidentiality. In your interactions with Creatubbles, you may be given access to certain non-public information, software, specifications, or code (“Confidential Information”), which is confidential and proprietary to Creatubbles. You may use this Confidential Information only as necessary in exercising such rights as are granted to you in these Developer Terms. You may not disclose any Confidential Information to any third party without Creatubbles’ prior written consent. You further agree that you will protect this Confidential Information from any unauthorized use, access, or disclosure with no less than a reasonable degree of care than your own confidential information.
  4. Publicity. You may not suggest a partnership with, sponsorship by, or endorsement by Creatubbles without Creatubbles’ prior written approval. You permit Creatubbles to make public statements about your use of the Creatubbles Platform at any time.
  5. Creatubbles Users and Our/Their Data. Privacy and data protection are important to Creatubbles and our Users. You agree to the following restrictions:
    1. Do not circumvent any privacy features (e.g., opt outs, user identifications) offered by Creatubbles or selected by our Users.
    2. Do not contact, directly or indirectly, any Users without their explicit consent through means other than Creatubbles.
    3. Do not access, request, or attempt to access more data from Creatubbles or its Users than what you need for your Applications.
    4. Do not exceed or attempt to exceed any permissions of access and use that Users may give you to access their Creatubbles information when they connect with your Application.
    5. You will not sell or purchase any Creatubbles Content, including data obtained from Creatubbles.
    6. Do not retain any User information beyond what is necessary for the operation of your Application and for the duration of your licenses under these Developer Terms.
    7. Do not prevent a User from disconnecting or opting-out of your Application and provide clear instructions on how such can be accomplished.
    8. Do not retain, access, use, process, or disclose any User information once a User has disconnected or opted-out of your Application.
    9. You must provide all users with a working mechanism to disconnect their Creatubbles Account from your application at any time and provide clear instructions on how to do so. Further, when a user disconnects their Creatubbles account, you agree to delete and no longer request or process any of that Creatubbles user’s data.
  6. APPLICATION PROVIDER REQUIREMENTS

    You are solely responsible for your access, use, processing, and disclosure of Creatubbles User information and data and, to the extent applicable, you shall act as and be considered a data controller. As such, you must have the following in order to access and use the Creatubbles Platform and Creatubbles Services:

    1. A current user agreement clearly accessible to Users that contains the following terms:
      1. You do not make any warranties or representations on behalf of Creatubbles and expressly disclaim all implied warranties with respect to the Creatubbles Platform and Creatubbles Services;
      2. You prohibit the modification or creation of derivative works based on the Creatubbles Platform and Creatubbles Services;
      3. You prohibit decompiling, reverse-engineering, disassembling, and otherwise reducing the Creatubbles Platform and Creatubbles Services;
      4. You are solely responsible for your Applications, products, and services, and disclaim any liability on the part of Creatubbles;
      5. You acknowledge Creatubbles is a third party beneficiary of your user agreement and privacy policy and is entitled to directly benefit from and enforce same if necessary.
    2. A current privacy policy clearly accessible on your website to Users. You should disclose your practices for the collection and use of data by you and any third parties you may allow to access such information.
    3. Industry standard security and protections for any Creatubbles information (including User data) in your possession and/or control. You are also responsible for the security measures used by third parties providing services to you.
    4. Appropriate mechanisms to take advantage of any copyright or other takedown safe harbors, e.g. the Digital Millennium Copyright Act in the United States, including the implementation of a “notice and takedown” process.

    ACCESS AND USE OF CREATUBBLES PLATFORM

    1. Access Tokens.
      1. To access and use certain tools provided by our Creatubbles Platform, you must create a developer account with Creatubbles. You will be issued one or more unique I.D.s, keys, passwords, security codes, or tokens (each a “Security Code”) for accessing the Creatubbles Platform and managing your account. You agree to provide Creatubbles with accurate, complete and updated registration information.
      2. You may only access your account with the Security Code provided by Creatubbles and the appropriate Security Code must be embedded in your Applications, including in all updates and revisions, in a secure manner not accessible by third parties.
      3. You may not sell, transfer, sublicense or otherwise disclose your account or Security Codes to any third party or use it for any other purpose except in connection with your Applications and in accordance with these Developer Terms.
      4. You are solely responsible for maintaining the confidentiality of your account and Security Codes. You agree to notify Creatubbles immediately if you believe that your account or Security Codes have been compromised and cooperate with Creatubbles in the investigation of any compromised Security Codes. You are fully responsible for all activities that occur using your account and Security Codes, regardless of whether such activities are undertaken by you or a third party.
    2. Enforcement of Developer Terms. We may enforce these Developer Terms against you, your affiliates or your assigns if we conclude that your access or use violates these Terms or negatively impacts the Creatubbles Platform or Creatubbles Services. We may or may not notify you in advance. Enforcement can include revoking your Security Codes, restricting or disabling your Application, restricting or disabling your access to the Creatubbles Platform, requiring you to delete data, terminating our agreement with you, or any other action that we deem appropriate.
    3. Limitations on Use of Creatubbles Platform. Creatubbles may limit the number of service calls that your Applications may make, the volume of Creatubbles content that may be accessed, or anything else about the Creatubbles Services or Users as Creatubbles deems appropriate, in its sole discretion, without notice. Creatubbles may use technical measures to prevent over-usage or stop usage of the Creatubbles Platform.
    4. Monitoring Usage. You agree that Creatubbles may monitor your use of, and collect usage data related to, the Creatubbles Platform to ensure quality, improve the Creatubbles Service and verify your compliance with these terms. You agree not to block or interfere with such efforts and to provide us with reasonable access to information related to your compliance with these Developer Terms. Creatubbles may use any technical means to overcome any interference. At our sole discretion we may request, and you shall provide, proof that your website, products or services and any content within such is properly licensed.
    5. Modification of Creatubbles Platform. Creatubbles reserves the right to modify, terminate, suspend or otherwise change the Creatubbles Platform and to release subsequent versions of the Creatubbles Platform at any time without notice to you. You may be required to obtain and use the most recent version of the Creatubbles Platform in order for your Application to function. Creatubbles is not responsible for the functionality of your Application and is not liable for any costs, fees, or other expenses you may incur to ensure the ongoing functionality of your Application on the Creatubbles Platform.

    REPRESENTATIONS AND WARRANTIES

    In addition to any other representations or warranties, the parties acknowledge and represent, warrant as appropriate that:

    1. Each has the legal capacity and authority to enter into these Developer Terms.
    2. Any and all information you provide to Creatubbles is and shall be true, accurate, complete and up to date.
    3. You possess all authorizations, approvals, consents, licenses, permits, and other rights and permissions necessary to provide your Applications and perform your obligations hereunder.
    4. You own or have secured all rights necessary to copy, display, distribute, render, and publicly perform all content (other than that which is provided by Creatubbles or its Users) through your Applications.
    5. Your use of the Creatubbles Platform and Creatubbles Services complies with all applicable laws and regulations, including without limitation, any right of privacy, publicity, copyright, trademark, patent, trade secret or contractual right.
    6. Your use of the Creatubbles Platform and Creatubbles Services shall not infringe any Intellectual Property or other rights of Creatubbles or any third party.
    7. Your use of the Creatubbles Platform and Creatubbles Services and these Developer Terms are non-exclusive. Creatubbles and/or other third parties (including other developers) may be developing and may develop products and services that may be similar to or competitive with your Application, website or other products or services provided by you. Nothing in these Developer Terms shall in any way restrict or preclude Creatubbles and/or other third parties from creating and fully exploiting such products, services, or other business activities without any obligation to you.
    8. You agree to assign all right, title and interest in and to any feedback (including suggestions, comments, improvements, ideas, etc.) you may provide to Creatubbles, and acknowledge that we will be entitled to use, implement and exploit any such feedback in any manner without restriction, and without any obligation of confidentiality, attribution, accounting or compensation.
    9. You will comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control in connection with your use of the Creatubbles Platform.

    TERM AND TERMINATION

    1. These Developer Terms take affect for you when you first access and use the Creatubbles Platform or Creatubbles Services, and shall continue until terminated (the “Term”) as permitted under these Developer Terms.
    2. We reserve the right to modify, suspend or discontinue the Creatubbles Platform, the Creatubbles Service, or to terminate your licenses or ability to use these at any time prior to or after your development of an Application, website, product or service, without notice, for any reason or for no reason, without any liability to you or your users.
    3. Creatubbles may terminate these Developer Terms by notice to you of termination or by terminating your ability to access or use the Creatubbles Platform or Creatubbles Services. You may terminate these Developer Terms by ceasing all use of the Creatubbles Platform and Creatubbles Services and notifying Creatubbles of same.
    4. Upon any termination or notice of any discontinuance, you must immediately cease and desist from using the Creatubbles Platform and Creatubbles Services delete all information obtained through use of the Creatubbles Platform or Creatubbles Services (including, without limitation, from your servers).

    NO WARRANTY AND DISCLAIMERS

    THE CREATUBBLES PLATFORM AND CREATUBBLES SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CREATUBBLES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CREATUBBLES MAKES NO WARRANTY THAT THE CREATUBBLES PLATFORM OR CREATUBBLES SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CREATUBBLES MAKES NO WARRANTY THAT WE WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE CREATUBBLES PLATFORM OR THE CREATUBBLES SERVICES FOR ANY PARTICULAR LENGTH OF TIME AND CREATUBBLES RESERVES THE RIGHT TO CHANGE AND UPDATE THE CREATUBBLES PLATFORM OR CREATUBBLES SERVICES WITHOUT NOTICE TO YOU. CREATUBBLES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR OBTAINED THROUGH US OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CREATUBBLES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH CREATUBBLES, OUR USERS, YOUR USERS OR ANY OTHER THIRD PARTIES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE CREATUBBLES PLATFORM OR CREATUBBLES SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

    INDEMNITY

    YOU SHALL INDEMNIFY AND HOLD CREATUBBLES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, ASSIGNS OR SUCCESSORS HARMLESS FROM ANY CLAIM OR DEMAND (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY FEES AND COSTS OF INVESTIGATION) MADE BY A THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO YOUR USE OF THE CREATUBBLES PLATFORM OR CREATUBBLES SERVICES OR YOUR VIOLATION OF THE TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAWS, REGULATIONS, OR THIRD PARTY RIGHTS.

    LIMITATION OF LIABILITY

    TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CREATUBBLES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CREATUBBLES PLATFORM OR THE CREATUBBLES SERVICES, INCLUDING ANY PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CREATUBBLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CREATUBBLES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED AN AMOUNT THAT IS EQUAL TO ONE HUNDRED U.S. DOLLARS ($100.00). NO PERSON ACTING ON CREATUBBLES BEHALF HAS ANY AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY “INDUCEMENT”) NOT EXPRESSED HEREIN. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY INDUCEMENT THAT IS NOT EXPRESSED IN THIS AGREEMENT.

    YOU AND CREATUBBLES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CREATUBBLES PLATFORM OR CREATUBBLES SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE APPLICABLE STATUTE OF LIMITATIONS PERIOD AS DEFINED BY JURISDICTION. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

    INFORMAL DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL

    We endeavor to work with you in the event a controversy or claim arises out of your use of our Creatubbles Platform and Creatubbles Services. We encourage you to contact us to discuss the matter informally with our support team through support@creatubbles.com. If the dispute is not resolved, you may send a letter to our management team and we will attempt to meet with you via telephone within ten (10) business days of our receipt of your letter or such longer period as may be mutually acceptable. We will provide you with a written decision within twenty (20) days of the telephone meeting. You are not required to follow this informal dispute resolution procedure, and following this informal dispute resolution procedure does not prevent you from initiating other actions provided for in these Terms.

    In addition, where permissible by law, each of the parties hereby waives its rights to a jury trial of any claim or action based upon or arising out of these Terms, directly or indirectly, and/or the relationship that is being established among the parties hereunder. The scope of this waiver is intended to cover all disputes that may be filed in court, including without limitation contract, tort, breach of duty, and all other common law and statutory claims. This waiver is irrevocable and may not be modified either orally or in writing. This waiver applies to any future amendments, renewals, supplements or modifications of or to this Agreement. In the event of litigation covered by the scope of this waiver, this Agreement may be filed in court as a written consent to a trial by the court.

    CONTROLLING LAW AND JURISDICTION

    These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts of Delaware, and each of the parties waives any objection to jurisdiction and venue in such courts.

    ENTIRE AGREEMENT AND ASSIGNMENT

    These Developer Terms constitute the entire and exclusive understanding and agreement between Creatubbles and you regarding the Services. These Developer Terms supersede and replace any and all prior oral or written understandings or agreements between Creatubbles and you regarding the Services.

    You may not assign or transfer these Developer Terms, by operation of law or otherwise, without Creatubbles’ prior written consent. Any attempt by you to assign or transfer these Developer Terms without such consent will be null and of no effect. Creatubbles may assign or transfer these Developer Terms, at its sole discretion and without restriction.

    ENFORCEMENT AND SEVERABILITY

    The failure of Creatubbles to enforce any right or provision of these Developer Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Creatubbles representative. Except as expressly set forth in these Developer Terms, the exercise by either party of any of its remedies under these Developer Terms will be without prejudice to its other remedies under these Developer Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Developer Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Developer Terms will remain in full force and effect.

    USE OUTSIDE OF THE UNITED STATES

    Creatubbles makes no representation that the Creatubbles Platform or Creatubbles Services, including the design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof contained on the services or products described or offered on the Creatubbles Platform or Creatubbles Services are appropriate or available for use in jurisdictions outside the United States, or that these Developer Terms comply with the laws of any other country. Users of our Creatubbles Platform and Creatubbles Services who reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Creatubbles Platform or Creatubbles Services from any territory where such content is illegal, and that you, and not Creatubbles or any party affiliated with it, are responsible for compliance with any applicable local laws.

    NOTICES

    Any notices or other communications permitted or required hereunder, including those regarding modifications to these Developer Terms, will be in writing and given by Creatubbles via email (in each case to the address that you provide) or by posting on our Sites and/or within our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. For posted notices, the date of posting will be the effective date of notice.