Kre8R‘s Terms of Service

Last update: Aug 2017

Welcome to Kre8R.com. Kre8R.com is a marketplace platform for services performed by its users.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the Kre8R website, including any content, functionality and services offered on or through www.Kre8R.com (the “Site”), by Kre8R as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Kre8R services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

Key Terms

Jobs are services offered on Kre8R.

Sellers are users who offer and perform services through Jobs on Kre8R.

Buyers are users who purchase services on Kre8R.

Job Page is where the seller can describe their Job and the Job’s terms, and the buyer can purchase the Job and create an order.

Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.

Job Multiples are additional quantities of unique orders from the seller’s Job.​​

Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Job Page.

Order Page is where buyers and sellers communicate with each other in connection with an ordered Job.

Disputes are disagreements experienced during an order between a buyer and seller on Kre8R.

Revenue is the money sellers earn from completed orders.

Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase Jobs.

Credit Balance is shopping credit collected from cancelled orders or Kre8R promotions to be used for purchasing Jobs.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on Kre8R. Registration is free.
• Jobson Kre8R are offered at a price determined by the seller.
• Buyers pay Kre8Rin advance to create an order.
• Orders are purchased through the Order button found on a seller’s Jobpage or through a Custom Offer.
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
• Users may not offer or accept payments using any method other than placing an order through Kre8R.com.
• Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Job Note: some Jobscharge additional payments (through Job Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
• Kre8Rretains the right to use all published delivered works for Kre8R marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Sellers

Basics

• Sellers create Jobs on Kre8Rto allow buyers to purchase their services.
• Sellers may also offer Custom Offers to buyers in addition to their Jobs.
• Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
• Kre8Raccredits sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
• If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
• Sellers may not promote their Jobsor any Kre8R content via the AdWords platform.
• Sellers may withdraw their revenues using one of Kre8R’s withdrawal options.
• The seller’s rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).
• For security concerns, Kre8Rmay temporarily disable a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple Kre8R accounts to a single withdrawal provider.

Jobs®

• Jobscreated on Kre8R are User Generated Content.
• Jobsmay be removed by Kre8R for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported here.
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Jobs
  • Spam, Nonsense, or Violent Jobs
  • Jobsmisleading to buyers
  • Reselling of regulated goods
• Jobsthat are removed for violations mentioned above, may result in the suspension of the seller’s account.
• Jobsthat are removed for violations are not eligible to be restored or edited.
• Jobsmay be removed from our Search feature due to poor performance and/or user misconduct.
• Jobsmay include pre-approved website URLs contained within the Job description and requirements box. Jobs containing websites promoting content, which violates Kre8R’s Terms of Service, will be removed.
• Jobsare required to have an appropriate Job image related to the service offered. An option to upload four additional Job images are available to all sellers.
• Jobsmay contain an approved Job Video uploaded through the Job management tools available on Kre8R.
• Statements on the JobPage that undermine or circumvent these Terms of Service is prohibited.
• Eligible Jobsin select Categories may set up Job Packages to offer their services in structured formats with multiple price points for the selected Job.

Job Extras

• JobExtras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.
• JobExtras may be removed for violations of our Terms of Service. For specific terms, please see the Jobs section above for a list of services that violate our Terms of Service. Jobs are subject to be removed due to violations found in Job
• The amount of JobExtras, which can be offered, and the price for each Job Extra, is based on your seller Level.
• Services offered through JobExtras must be related to the base service and part of the deliverables on the order.
• JobExtras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an order for each JobExtra that is added to the order. This is to cover the time needed to complete the extra service.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Kre8Reditors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
• Top Rated eligibility is constantly evaluated by Kre8Rto ensure that the quality standards and expectations of the Top Rated selection is kept. Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service risk losing their Top Rated status and the benefits that come with it.

Seller Features

Kre8R sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a buyer.
• Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate Kre8R’s Terms of Service.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of Kre8R’s withdrawal methods.
• Your Kre8Rprofile can be associated with only one account from each Kre8R withdrawal methods. A withdrawal provider account can be associated with only one Kre8R
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
• To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Withdrawal Methods

* Additional fees may apply based on your location and currency.

Buyers

Basics

• You may not offer direct payments to sellers using payment systems outside of the Kre8ROrder system..
• Kre8Rretains the right to use all publicly published delivered works for Kre8R marketing and promotional purposes.

Purchasing

• Buyers pay Kre8Rto create an order from a seller’s Job page or Custom Offer, using the Order Now button.
• In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site or through Kre8R
• Jobsmay be purchased using one of the following payment methods: Credit Card, PayPal or Kre8R
• Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. As of July 2016, the current fees assessed to the total purchase amount are $1 on purchases up to $20 and 5% on purchases above $20. When purchasing from your seller’s balance (i.e. out of your earned revenues) or buyer’s shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
• If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
• You may not offer sellers to pay, or make payment using any method other than through the Kre8R.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

Orders

Basics

• Once payment is confirmed, your order will be created and given a unique Kre8Rorder number.
• Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Job.
• Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
• An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
• We encourage our buyers and sellers to try and settle conflicts among themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Kre8R’s Customer Support department for assistance here.

Handling Orders

• When a buyer orders a Job, the seller is notified by email as well as notifications on the site while logged into the account.
• Sellers are required to meet the delivery time they specified when creating their Jobs. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.
• Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
• Users are responsible for scanning all transferred files for viruses and malware. Kre8Rwill not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.
• Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller’s description on their Jobpage or they do not match the requirements sent to the seller at the beginning of the order process.

Reviews

• Feedback reviews provided by buyers while completing an order are an essential part of Kre8R’s rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
• Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Kre8Rplatform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Kre8R platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by buyers are publicly displayed on a seller’s Job Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
• Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a seller’s Live Portfolio on their Jobpage if the buyer chooses to publish the Work Sample while providing a public feedback review.
• Withholding the delivery of services, files, or information required to complete the Job’s service with the intent to gain favorable reviews or additional services is prohibited.
• Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review. If no response is provided within the response period, the order will be considered completed.
• Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
• Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

Disputes and Cancellations

We encourage our buyers and sellers to try and settle conflicts among themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Kre8R’s Customer Support department for assistance here.

Basics

• Order cancellations can be performed on Kre8R, when eligible, by Customer Support or through the Resolution Center per order.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that a buyer or seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
• Kre8Rreserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
• All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Joband the delivery may not be used if payment is cancelled for any reason.
• If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
• Revisions to deliveries can be performed by sellers based on the seller’s Joband customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.
• Requests for revisions can be performed through the Order page while the order is marked as Delivered.
• Requesting to gain more services from sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

• Kre8Rencourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to Kre8Rto cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Kre8R delivery system. See below for Order specific eligibility.
• Completed orders may be cancelled, upon review of our Customer Support team, up to 7days after the order is marked as complete.
• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Job Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
• Buyers must use Kre8RResolution Center to address their concerns and desired resolution related to the service provided by their seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of Kre8R.
• Any non-permitted usage of Kre8Rencountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Kre8R’s Terms of Service.
• Kre8RCustomer Support will cancel orders based on, but not limited to, the following reasons:
  • Active orders(after the buyer submits their requirements and before the seller delivers on Kre8R)
    • The seller is late andunresponsive for more than 24 hours while the order is marked as Late.
    • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
    • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.
    • The user is no longer an active Kre8Ruser due to Terms of Service violations or closure of their account.

Note: Multiple reported offenses will result in permanent suspension of your account.

• The seller delivers no files and/or proof of work related to the agreed upon order requirements.
  • Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
• The seller requests additional payments, on or off the Kre8Rplatform, by withholding the final delivery of services directly related to the agreed requirements.
• The seller is withholding the final delivery of services for improved ratings.
• Buyers who abuse the Request Revisions button to gain more services from sellers beyond the agreed requirements.
• Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.

• Completed Orders(after the order is marked as complete and before the 14 day limitation)
  • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
  • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
    • Note: Terms of Commercial use is found on the seller’s Jobpage and cannot be retroactively included once the order is completed for over 14 days.
  • Kre8RCustomer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

• Kre8Rdoes not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on Kre8R. Funds returned to your balance from cancelled orders will not include processing fees paid.
• Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.

User Conduct And Protection

Kre8R enables people around the world to create, share, sell and purchase nearly any service they need to assist in your publishing project. Services offered on Kre8R reflect the diversity of an expanding Job economy. Members of the Kre8R community communicate and engage through orders, social media, and on Kre8R’s Community Forums.

Kre8R maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Kre8R. This section relates to the expected conduct users should adhere to while interacting with each other on Kre8R.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

• To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Kre8Rin order to circumvent or abuse the Kre8R messaging system or Kre8R platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
• Kre8Rdoes not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page.
• Kre8Rdoes not provide protection for users who interact outside of the Kre8R
• All information and file exchanges must be performed exclusively on Kre8R’s platform.
• Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
• The Kre8Rmarketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Orders

• Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
• Kre8Rreviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. If the chargeback case allows, Kre8R will return parts or full revenue back to sellers.

Jobs

• Users may report Jobsto Customer Support that may be in violation of Kre8R’s Terms of Service based on the reported Job’s replicated similarity to pre-existing services (copycat Jobs).
• Kre8Rwill respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Kre8R does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Kre8R should be friendly, constructive, and professional. Kre8R condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Kre8R takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Kre8R will not be protected by our Terms of Service.

Intellectual Property Claims – Kre8R will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use – You may not use Kre8R for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Kre8R community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Kre8R’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Kre8R. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Kre8R accounts.

General Terms

• Kre8Rreserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
• Violation of Kre8R’s Terms of Service may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on Kre8R.
• Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Kre8R’s approval.
• Disputes should be handled using Kre8RCustomer Support.
• Kre8Rmay make changes to its Terms of Service from time to time. When these changes are made, Kre8R will make a new copy of the terms of service available on this page.
• You understand and agree that if you use Kre8Rafter the date on which the Terms of Service have changed, Kre8R will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Kre8R by our users (Buyers and Sellers) is User Generated Content. Kre8R does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Kre8R is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Jobs, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Jobs service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Kre8R. Sellers advertising their Job online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Job and may lead to the suspension of seller’s account.

Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller’s Job page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Jobs include the Commercial Use License. Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Kre8R, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Kre8R for no consideration for marketing and/or other purposes.

Commercial Use License

The Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Kre8R’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Kre8R will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Kre8R NOR ANY PERSON ASSOCIATED WITH Kre8R MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

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The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL Kre8R, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.