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By signing up for services with creativeTrack, you agree to the following Terms of use:

Services
creativeTrack services are offered to those who are interested in improving their business. creativeTrack reserves the right to refuse service to anyone at any time for any reason.

Copyright Notice
Copyright ©2006 creativeTrack All rights reserved. Certain names, logos, designs, pixels, legumes, shapes, symbols, titles, words, phrases or figures contained in the documents at this site may constitute trademarks, servicemarks or tradenames of creativeTrack or other entities which may be registered in certain jurisdictions.

Privacy
Although creativeTrack collects information about you and your clients, it does not distribute any personal information to third-parties, including email addresses. We do our best to protect your privacy. Please see our Privacy Policy.

Subscriptions
Services offered by creativeTrack are available on a paid subscription basis. The associated fees for these subscription services are automatically collected at the beginning of each relevant cycle. By signing up to use or receive services, the user agrees to remit payment for all associated fees, as set out by the pricing guide. Failure to make sufficient payment in a reasonable time for any reason, even if you alert creativeTrack beforehand, will result in a suspension of that account. After payment is made in full for all outstanding debts, that account will go back into active status. If an account remains suspended for 90 days for missed payments, that account is subject to removal or deletion. After that time, account data will no longer be available.

By registering for a subscription with creativeTrack, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your subscription payment account (handled by PayPal).

Termination
Users may unsubscribe or terminate membership at any time. However, any fees and payments collected for pre-paid services will not be refunded for any reason even if the user did not use all time purchased. No refunds are made; all sales are final.

Sub-leasing, sub-selling, user and account sharing, and other improper distribution of creativeTrack services are strictly prohibited. You may not, under any circumstances, purchase accounts and sell or distribute them again under a different brand, at a different price, or in any other form. Copying, spoofing, cloning, or otherwise imitaing creativeTrack services is STRICTLY PROHIBITED. Attempting to gain access to someone else's account and/or account information, or trying to get other user passwords is STRICTLY PROHIBITED. If you are caught or suspected of any of these abuses, your account may be terminated and you will be permanently banned from the site.

Disputes
Any disputes or problems with creativeTrack services are to be handled exclusively between the customer and creativeTrack. We want our customers to be satisfied with our services and are willing to listen to any complaints or problems and redress them directly rather than to involve third-party arbitrators.

Indemnification
You agree to defend, indemnify and hold harmless each of creativeTrack, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on the creativeTrack Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms of use; (b) your access to or use of the creativeTrack Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a BGM Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim.

Data & Content License
Although creativeTrack stores and maintains data for its customers, creativeTrack and its affiliates cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. Our customers conduct their own data management and entry to ensure maximum security, and are therefore suggested to use proper, appropriate, and accurate content inside the creativeTrack tool. If offensive material is posted on creativeTrack, that user's account may be suspended following contact by creativeTrack of such findings.

Content posted by users within their own accounts are their own property except when prohibited or required otherwise by law. However, if a user makes a suggestion, comment, or thought public in any way on creativeTrack, including emailing your ideas to us, that user releases all copyright of that idea, and may not seek to claim payment, discounts, or any other form of compensation for their submission.

Subscribing customers are granted nontransferable, nonsublicensable, nonexclusive license to use the creativeTrack tool for personal or business needs so long as the payment of their subscription is completed in a timely manner.

Data Protection
In the unlikely event of data loss or server malfunction, creativeTrack will immediately or as quickly as possible take necessary actions to update and replace data or re-establish server connection. Although our hosting servers are redundantly backed up and connection time is 99.9% guaranteed, and creativeTrack will do its utmost to restore service, creativeTrack cannot be held responsible for data loss as a result of server or connection fault for any reason.

Our customers are also encouraged to maintain printed records of their creativeTrack information on a regular basis, which ensures your easy access to data whenever an Internet connection is not available and will serves as a hard copy of your data if you are audited or otherwise need other proof of your actions.

Limitation of Liability
You expressly understand and agree that in no event shall creativeTrack, including its affiliates and licensors, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether creativeTrack had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any of the services of the creativeTrack site, or (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to the creativeTrack site or any of the services.

Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with creativeTrack, or in any way relating to your use of the creativeTrack Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving creativeTrack or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of use are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms of use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of use, which shall remain in full force and effect. No waiver of any of these Terms of use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Reserved Rights
creativeTrack reserves other rights not explicitly mentioned here. Our main purpose in doing so is to offer the best service possible while protecting ourselves in the event of a dispute.


Privacy Policy

We are committed to protecting the privacy of your personal information. We will not share any personal information with third party companies including email addresses.

We recognize the privacy and security concerns of visitors to our web site. This Privacy Statement provides our web site visitors with basic information relating to the type of information we collect and its security, how we use the collected information, and its disclosure.

From time to time, we will update this privacy statement to reflect changes in our policies or practices. By using our web site, you consent to the collection and use of information as it is disclosed in this Privacy Statement.

The Collection of Personal Information on Our Site
In order to provide the creativeTrack subscription we will need to obtain certain personal information when you sign up for service. Examples of information that we may ask you to provide include the following:
•  Name
•  Email address
•  Mailing address
•  Phone number(s)

Although our subscription services include regular fees, we do not collect relevant financial information such as credit card numbers. Our payment is powered by PayPal, who deals with these issues. Please visit paypal.com to see their privacy policy.

Sharing of Personal Information
We take precautions to secure your personal information.

We will disclose nonpublic personal information about you to non-affiliated third parties in response to a court order or other lawful request by a government or regulatory agency or as otherwise permitted by law. In addition, we may transfer customer information in the event of a change of control or other business transfer involving the assets of the Company or if we believe such disclosure is necessary to protect and defend the rights, property or safety of creativeTrack, our affiliates, our users or others.

We will not sell any information about you, such as your name, your account numbers, your transactional history, email addresses, or your residence addresses to a third party in any other circumstances than those listed above.

The Use of Anonymous Data
We collect anonymous information when users utilize our web site. The type of information that is gathered includes the date, time of day, which pages are visited and how much time is spent on the web site. We only gather information on our users as a group. Please be advised that we do not gather information about our users individually. The general information we gather enables us to serve our customers better by continually improving our site based on up-to-date use patterns.

The Use of Cookies
creativeTrack uses "cookies" not only to collect information about browsing activities on the web site but also for logging in and using the tool. Please note that cookies do not damage your computer system in any way. Cookies are small pieces of information that are sent from a web site to the hard drive of a visitor's computer during an on-line visit. While cookies can identify a particular computer, they do not identify a particular user. Individual users will always remain anonymous. The use of this technology allows us to track how users navigate through our web site. This knowledge will help us provide better service to our customers.

Promotional Materials That You May Receive
In order to advise you of special offers provided by creativeTrack, we may send our customers promotional materials concerning business-related services.

Updating your Personal Information
In order to maintain accurate information about our customers, we ask that you update your personal information when any changes take place. Please notify us if you change your address, telephone number or e-mail address.

Security
Our ability to provide customers with secure tracking services through our web site is of vital importance. creativeTrack will continually evaluate the Internet systems, services and software used in its operations to ensure that they meet the highest standards of security.

We restrict access to nonpublic personal information about you to only those authorized employees who need to know that information to provide products or services to our customers.

Contacting Us
If you should have any questions about this Privacy Statement, please contact us here.

 
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