Terms of Service

Effective Date: September 6, 2024

Last Updated: October 6, 2024

ACCEPTANCE OF AGREEMENT

THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS WEBSITE https://creamdigitalai.com/ (the “WEBSITE” or “website” or “site”), WHICH IS PROVIDED BY Cream Digital Marketing LLC, ITS AGENTS OR AFFILIATES (referred to as “Cream Digital", "Cream Digital Ai”, “COMPANY”, “WE”, “US”, or “OUR” below), AND APPLY TO USERS VISING THE WEBSITE BY ACCESS OR USING THE WEBSITE IN ANY WAY, INCLUDING ALL THE RESOURCES AND SERVICES AVAILABLE OR ENABLED THROUGH THE WEBSITE (EACH A “SERVICE”). BY VISITING OR USING THIS WEBSITE, COMPLETING ALL OR PART OF THE WEBSITE’S REGISTRATION FORM, AND/OR BROWSING THE WEBSITE, AND/OR PURCHASING PRODUCTS OR SERVICES FROM THE WEBSITE, YOU ARE INDICATING YOUR ACCEPTANCE AND ACKNOWLEDGMENT OF THESE TERMS OF SERVICE. YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A LEGALLY BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF SERVICE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, IDENTIFIED AS THE USER WHEN YOU’RE REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR ITS SERVICES.

PLEASE BE ADVISED THAT THE DISPUTE RESOLUTION SECTION, AT THE END OF THIS AGREEMENT, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION TO, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH VERY LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

DISPUTES RELATING TO PRODUCT OR SERVICES PURCHASES USING A MASTERCARD OR VISA, MASTERCARD OR VISA TRANSACTIONS OR CHARGES OR FEES ASSOCIATED WITH A MASTERCARD OR VISA TRANSACTION MUST BE RESOLVED IN AN UNDER THE LAWS OF THE UNITED STATES WHERE COMPANY IS ALSO LOCATED.

ALL OTHER DISPUTES OR CLAIMS RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

Your use of, and/or participation in, Company Services may be subject to additional terms (“Supplemental Terms”) and Supplemental Terms will either be listed in the Terms of Service or will be presented for your acceptance when you sign up to use the supplemental Service.

If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control such Service. The Terms of Service and applicable Supplemental Terms are referred to herein as the “Terms of Service.”

PLEASE NOTE THAT ALL TERMS ARE SUBJECT TO CHANGE BY COMPANY AT ITS SOLE DISCRETION AT ANY TIME.

When changes are made, Company will make a new copy of the Terms of Service and Privacy Policy available at the website and new Supplemental Terms will be made available from within, or through, the affected Service on the website.
We will also update the “Last Updated” date at the top of Terms of Service. If we make material changes, and you have registered with us to create an Account (as defined in the Registration section) we will send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.

Any changes to the Terms will be effective immediately for new users of the website and/or Services and will be effective thirty (30) days after posting notice of such change on the website for existing users, provided that any material change shall be effective for users who have an Account with us by the earlier of thirty (30) days after posting notice of changes on the website or thirty (30) days after dispatch of an e-mail of such changes to Registered Users (defined in the Registration section).

We can require you to provide consent to the updated Terms in a specified manner before further use of the website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you may be required to stop using the website and/or the Services. Otherwise, your continued use of the website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

PRIVACY POLICY

Please see our Privacy Policy for terms that govern your use of this website.

ACCESS TO THE WEBSITE

THIS WEBSITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT ACCESS OR USE THIS WEBSITE FOR ANY REASON AND IMMEDIATELY EXIT THIS WEBSITE.YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE LOCATED IN TO PURCHASE AND/OR USE OUR PRODUCTS AND SERVICES. IT IS YOUR RESPONSIBILITY TO ALSO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE AND/OR USE OUR PRODUCTS AND SERVICES.

To access this website or view some of its resources, you may be asked to provide certain information or registration details. It is a condition of your use of this website that all the information you provide on this website will be current, correct, and complete information. If our Company believes the information you provide is incorrect, incomplete, inaccurate or not current or is fraudulent, such as impersonating someone else, we can refuse you access to this website or its resources, suspend or terminate your access at any time, and delete comments you have posted, all without any prior notice.

USE OF THE COMPANY SERVICES AND PROPERTIES.

The Website, the Services, the Content (defined in the License to Use the Website section), and the content and information available on this website and in the Services (as these terms are defined herein) (collectively, the “Company Properties”) are protected by copyright laws.

Subject to the Terms of Service, Company may grant you a limited license to reproduce portions of Company Properties for the sole purpose of using Services for your personal or internal business purposes.

REGISTRATION

REGISTERING YOUR ACCOUNT.

In order to access certain features of Company Properties you may be required to become a Registered User.
For purposes of the Terms of Service, a “Registered User” is a person or entity who has registered an account on the website (“Account”).

SECURITY.

Any passwords used for the Account for this website are for your individual use only. You will be responsible for the security of your password and you agree to accept responsibility for all activities that occur while accessing your account or using your password. At our sole discretion, we have the right to monitor your password and require you to change it. If you use a password deemed insecure or has been placed on a list of hacked or easy to remember passwords, we will require the password to be changed or terminate your Account. You are prohibited from using any facilities provided in connection with this website or services to breach security or tamper with system accounts and/or resources. The use or distribution of tools designed for compromising security (cracking tools, password guessing programs, or network probing tools) is strictly prohibited. If you become involved in a violation of system security, we have the right to release the details to system administrators at other websites to assist them to resolve the security incidents. We reserve the right to investigate all suspected violations of these Terms of Service, and we reserve the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any believed to violate these Terms of Service.

REGISTRATION DATA.

In registering an account on the website, you agree to (1) provide accurate, true, complete and current information about yourself on all parts of the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, current, accurate, and complete.

You represent that you are (1) at least (18) eighteen years of age; (2) of legal age to form a legally binding contract; (3) not a person banned from using Company Properties under the laws of the United States, your place of residence or any applicable jurisdiction. You are responsible for all activities while using your Account.

You agree to monitor your Account, restrict use by minors (under 18 years old), and accept full responsibility for unauthorized use of Company Properties by minors. You may not share or share access to your Account or your password with anyone, and you agree to (1) notify Company immediately of any unauthorized use of your password or other breach of security; and (2) log out of your Account at the end of each session.

If you provide any information that is false, inaccurate, incomplete or not current, or Company has reasonable grounds to suspect that such information is false, inaccurate, incomplete or not current, Company has the right to terminate or suspend your Account and refuse any or all current or future use of Company Properties (or portion thereof). You agree not to create an Account using a false identity or information, or on behalf of another person or entity.

You agree that you shall not have more than one (1) Account. Company reserves the right to reclaim or remove any usernames at any time and for any reason, including but not limited to, claims by a third party that a username(s) violates that third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by the Company, or if you’ve been previously banned from use of Company Properties.

YOUR ACCOUNT.

Notwithstanding anything to the contrary herein, you agree and acknowledge that you shall have no ownership or other property interest in your Account, you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.

Consent to Receive SMS and Email Communications

By entering your phone number or email address and submitting a contact form, you consent to receive text messages and/or emails from Cream Digital at the number and/or email address provided, including messages sent by auto-dialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe at any time by replying STOP to cancel or by clicking the unsubscribe link (where available) in one of our messages. Reply HELP to any Cream Digital phone number for help. Carriers are not liable for delayed or undelivered messages. View our Privacy Policy and Terms and Service.

PAYMENT TERMS FEES.

PAYMENT.

You agree to pay all charges and fees to your Account in accordance with the charges, fees and billing terms in effect at the time a charge or fee is due and payable.

You must provide Company with a valid credit card (MasterCard or Visa or any other issuer accepted by us). By providing the Company with your credit card number, bank account number, money transfer service, gift card purchase account or any other information required to checkout using any of the payment options on our Website, and its associated payment information, you agree that the Company, and its third-party service provides for payment services, including but not limited to Square, Stripe, Venmo, Paypal, Zelle, Apple Pay, Cash App, Green by Phone, Green eCheck Processing, Maverick, SvenCart, Digistore, Metropolitan Commercial Bank, and Avidia Bank, as the third-party service provider for payment services, are authorized to immediately invoice your Account for all charges and fees due and payable to the Company hereunder and no additional notice or consent is required.

You agree to immediately notify the Company of any change in your billing address or the credit card used for payment hereunder. Company reserves the right to at any time change its billing methods and prices, either by e-mail delivery to you or immediately upon posting on Company Properties.

TAXES.

Company’s fees are net of applicable Sales Tax.

If any Services, or payments for Services, under the Terms of Service are subject to a Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to our Company, you will be responsible for the payment of such Sales Tax and related interest or penalties to the relevant tax authority, and you will indemnify our Company for any expense or liability we incur in connection with the Sales Taxes.

Upon our request, you will provide us with official receipts issued by the taxing authority, or other evidence that you have paid applicable taxes.

For purposes of this section, “Sales Tax” shall mean any use or sales tax, and any other tax measured by all proceeds, that Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the taxing jurisdiction does not otherwise impose a sales or use tax.

WITHHOLDING TAXES.

You agree to make payments of fees to Company free and clear of, and without reduction for, any and all withholding taxes.
Taxes imposed on payments of fees to our Company will be your sole responsibility, and you will provide Company with official receipts issued by the taxing authority, or such evidence as we may request, to establish that the taxes have been paid.

THIRD PARTY PROVIDER.

The Company uses third-party companies, herein referred to as “Third Party Providers” or “Third-Party Service Providers” or “Third-Party Payment Processors”, including but not limited to, Square, Stripe, T1 Payments, MESH, Venmo, PayPal, Zelle, Apple Pay, Cash App, Green by Phone, Green eCheck Processing, Maverick, SvenCart, Digistore, Metropolitan Commercial Bank, and Avidia Bank, as the third-party service providers for payment services (e.g., credit card processing, merchant processing, merchant settlement, card acceptance, and related payment services).

By buying or selling on the Company Properties, you agree to be bound by each of the Third-Party Service Provider’s Privacy Policies, and hereby consent and authorize the Company and Third-Party Service Provider’s to share any information including payment instructions you provide with Third Party Service Provider(s) to the extent required to complete your transactions.

PAYMENT

Charges to your credit card will appear as “CREAMDIGITAL”

We gladly accept Visa and Mastercard.

LICENSE TO USE THE WEBSITE

Subject to your compliance with these Terms of Service, we or our content providers (as applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the materials and content (collectively, the “Content”) on this Website. This license does not allow you to resell or make any commercial use of the Website, its Contents or our products sold through the Website; make any derivative use of any of our Content; download, copy, or other use any account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rights-holders, or other content providers. No Content on, or product or service sold through, this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent.

Such products and services that are hereby given express consent to use commercially are custom digital images or written content expressly provided to you after using your Monthly Marketing Credits to purchase them on Company Website.

You may not misuse our products or Content. You may use our Website only as permitted by law and these Terms of Service. The licenses we have granted you terminate if you do not comply with these Terms of Service.

RESTRICTIONS ON USE

You may use this website only for the purposes expressly permitted by this website. You may not use this website for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this website, (ii) frame or use framing techniques to enclose any of our or our Content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to this website from pornographic websites or by using anchor texts which do not properly represent the webpage they link to , or (iv) use any meta tags or any other “hidden text” using our name or trademarks without the express prior written permission of one of our authorized representatives. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates our product with someone other than us or that such other party has the right to display, publish, or distribute this Website or Content accessible within this website. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyperlinking to cease immediately.

No material from this website may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

PROPRIETARY INFORMATION

The Content accessible from this website, and any other World Wide Web website owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on our website, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content as a result of accessing this website.

HYPERLINKS

This website may be hyperlinked to other websites which are not maintained by, or related to, us. Hyperlinks to such websites are provided as a service to our users and are not sponsored by or affiliated with this website or with us. We have not reviewed such websites and are not responsible for the Content of those websites. Hyperlinks are to be accessed at your own risk, and we make no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the websites hyperlinked to this website. Further, the inclusion of any hyperlink to a third-party website does not necessarily imply that we endorse that website.

SUBMISSIONS

You hereby grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content, remarks, suggestions, ideas, graphics, or other information you communicate to us through this website (together, the “Submission”) throughout the world in any media, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You represent and warrant that you own or control all of the rights to your Submissions. We will not be required to treat any Submission as confidential, and may use any Submission in our business (including, but not limited to, for products and/services or advertising) without incurring any liability for royalties or any other compensation of any kind, and we will not incur any liability as a result of any similarities that may appear in our future operations. We will treat any personal information that you submit through this website in accordance with our Privacy Policy as set forth on this website.

DISCLAIMER

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices we have provided. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own judgment. Information obtained by using this website is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Except for our warranty found on our Website (which is incorporated herein by reference), we make no warranty, express or implied, that the Website, Services or any services, products, or information obtained on or through the website will meet your requirements or will be uninterrupted, timely, secure, or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representation regarding use, or the result of use, of the Content in terms of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time. YOU, AND NOT US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and we do not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer, accurate or complete.
This section does not affect in any way our return policy or limited warranty for goods or services purchased on the website.
If for any reason you are not satisfied with a purchase of a service you make on the website, please return it and Company will refund you Credits for another service.

If for any reason you are not satisfied with a physical product you purchase on the website, please notify Company of your intention to return for further instructions.

We shall be not held liable for any improper or incorrect use of the information, Services, or products purchased on this website and assume no responsibility for anyone’s use of the information, Services, or products purchased on this website.
We will not be liable if you or anyone to whom you provide the products purchased on our website is exposed to or comes in contact with any item to which you or the other person is allergic.

We shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this website. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the website user, to be caused by the information or services on this website, or by using this website.

LIMITATION OF LIABILITY

DISCLAIMER OF CERTAIN DAMAGES.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

LIABILITY CAP.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR COMPANY PARTIES, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.

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.

INDEMNITY

You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees (collectively, “Losses”) relating to or arising out of: (i) any breach of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; (ii) your Submissions to, use of or inability to use, the Company Properties; (iii) your use of the products or services purchased on the website; or (iv) violation of any applicable laws, rules or regulations. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website or the purchase of any products.

You agree that the provisions in this section will survive any termination of your Account, the Terms of Service or your access to Company Properties.

OWNERSHIP; TRADEMARKS AND COPYRIGHTS

Except with respect to your Submissions and the Submissions of other users, you agree that Company and its suppliers own all rights, title and interest in Company Properties.

You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Company Properties.

Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java codes, button icons, banners and software appearing in this website are our property or the property of the party that provided the trademarks, service marks, logos or copyrighted material to us. We, and any party that provided any of the foregoing to us, retain all rights with respect to any of our or their respective trademarks, service marks, logos and copyrighted material appearing in this website. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your copyrighted work has been used or displayed on our Website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying our Designated Agent listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent.

The Notification of Claimed Infringement must include the following:

An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

Identification of the copyrighted work (or works) that you claim has been infringed;

A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the Website where it is lawfully posted;

the name, edition and pages of a book from which an excerpt was copied, etc.);

A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

Your contact information, including your name, address, telephone number, and e-mail address;

A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:

Cream Digital Marketing Agency, LLC

Attn: Legal Department

7252 NW 70th St,

Miami, FL 33166

(888) 316-8999

(786) 839-4500

[email protected]

https://creamdigitalai.com/

INFORMATION YOU MAY NOT POST, PUBLISH, ETC.

You may not post, send, submit, publish, or transmit in connection with this website any material that:

you do not have the right to post, including proprietary material of any third party;

advocates illegal activity or discusses an intent to commit an illegal act;

is vulgar, obscene, pornographic, or indecent; does not pertain directly to this website;

threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

seeks to exploit or harm any person by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

violates any law or may be considered to violate any law;

impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content;

advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website;

solicits funds, advertisers or sponsors;

includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this website;

includes MP3 format files;

amounts to a ‘pyramid’ or similar scheme;

disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or

contains hyperlinks to other websites that contain Content that falls within the descriptions set forth above.

Although under no obligation to do so, we reserve the right to monitor use of this website to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the Content of your Submissions. You acknowledge and agree that neither we nor any third party that provides Content to us will assume or have any liability for any action or inaction by us or such third party with respect to any Submission.

United States Law applies to submissions of credit card information during checkout. All disputes regarding credit card submissions must be handled in the United States.

This website is intended for users located in the United States. It is up to you to determine whether accessing this website and purchasing our products are legal where you are. You access this website and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.

MISCELLANEOUS

DISPUTE RESOLUTION

In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms of Service, the use of this website or information obtained through this website, or any other claims, disputes, or controversies arising out of or relating to this website, or any other World Wide Web website owned, operated, licensed, or controlled by us (the “Dispute” and together the “Disputes”), you agree to resolve any Dispute by submitting the Dispute in writing to:

Cream Digital Marketing Agency, LLC

Attn: Legal Department

7252 NW 70th St,

Miami, FL 33166

(888-316-8999

(786) 839-4500

[email protected]

https://creamdigitalai.com/

for mediation. Any party to the Dispute may commence mediation by providing to all parties involved a written request for mediation, setting forth the subject of the Dispute and the relief requested.

DISPUTES INVOLVING A CREDIT CARD TRANSACTION

The parties will cooperate with a mediation firm chosen by Company in the United States and with one another in selecting a mediator from the mediation firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any mediation firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If the Dispute is not resolved through mediation, then it shall be submitted to the mediation firm, or its successor, for final and binding arbitration pursuant to the then-current form of their Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by the mediation firm in accordance with the Rules. All hearings shall be held in the United States. If Mediation Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in the United States. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.

DISPUTES NOT INVOLVING A CREDIT CARD TRANSACTION

The parties will cooperate with a mediation firm chosen by Company in the state of Florida and with one another in selecting a mediator from the mediation firm’s panel of neutrals, and in scheduling the mediation proceedings promptly, not later than thirty (30) days after such request for mediation. The parties agree that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any mediation firm employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If the Dispute is not resolved through mediation, then it shall be submitted to the mediation firm, or its successor, for final and binding arbitration pursuant to the then-current form of their Arbitration Rules & Procedures (the “Rules”) before one arbitrator, selected by the agreement of the parties and, failing such agreement within thirty (30) days of the Dispute being submitted for arbitration, by the mediation firm in accordance with the Rules. All hearings shall be held in Florida, USA. If Mediation Firm ceases to exist and has no successor, then the parties shall submit the Dispute to an established alternative dispute resolution entity in Florida. Any party may initiate arbitration with respect to the Disputes submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, any arbitration initiated under this clause shall be conducted by a single arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this clause may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney fees, to be paid by the party against whom enforcement is ordered.

THE REQUIREMENT TO ARBITRATE MEANS YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.

No party to any mediation or arbitration under this clause shall be required to participate in any mediation or arbitration proceeding that involves more than one adverse party. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute, even if such other Dispute relates to, arises out of or raises similar factual or legal claims.

Failure to insist on strict performance of any of these Terms of Service will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms of Service will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Florida in connection with any dispute between you and us arising out of these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service or pertaining to the subject matter of these Terms of Service will be in the state and federal courts in Florida. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the website must be brought within two (2) years from the date on which such claim or action arose or accrued. If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Service (including our privacy policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this website will govern the items to which they pertain. We may revise these Terms of Service at any time by updating this posting.

ELECTRONIC COMMUNICATIONS

The communications between you and Company use electronic means, whether you visit Company Properties or send Company e-mails, or whether Company posts notices on Company Properties or communicates with you via e-mail.
For contractual purposes, you (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms of service, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect your statutory rights.

RELEASE.

You hereby release Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of Company Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms of Service or your use of Company Properties; and (ii) any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us or others, including law enforcement authorities.

If you are a California resident, you hereby waive 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 favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Company Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.

ADDITIONAL DISCLOSURES

By using this site, you agree to follow the Privacy Policy and all Terms of Service printed on this site. Use at your own risk. Void Where Prohibited by Law. © Cream Digital 2024. All Rights Reserved.

HOW TO CONTACT US

If you have questions or concerns about these Terms of Service, the practices of this website, or if you are interested in reprinting any of the Content of this website, please contact us at:

Contact Us

If you have questions or comments about this Terms of Service, please contact us at:

Cream Digital Marketing, LLC

DBA “Cream Digital Ai”

7252 NW 70th St,

Miami, FL 33166

(888-316-8999

(786) 839-4500

[email protected]

https://creamdigitalai.com/