Effective Date: September 29, 2015
Thank you for joining Creator's Studio by Rust-Oleum, created by Rust-Oleum Corporation, (“Rust-Oleum”, “we” and “us”), a U.S. company. Rust-Oleum has engaged Chaordix, a crowd-sourcing technology company as its service provider to host the Creator's Studio by Rust-Oleum. Community.
Chaordix forms private communities for various strategic purposes – whether that be for increasing employee/customer engagement, seeking market intelligence, eliciting brand feedback or enabling product co-creation and service innovation. These communities enables us to tap into key stakeholder segments (customers) as part of strategic projects to help understand what they want us to do and, most importantly, why , before we implement change within our business. It can also be utilised to gain feedback on changes we have already made. These interactive web and mobile communities tap into the power of crowdsourcing and are configured as ongoing or one-off managed social communities to engage with highly valued stakeholder crowds. Online moderators, consisting of third party representatives or Rust-Oleum subject matter specialists, can also engage in dialogue with the crowds via private or community conversations. Chaordix will interpret results from crowd engagements to identify actionable change initiatives to help align strategy and processes that relate to that stakeholder crowd to the feedback and results from that crowd.
If you do not agree to this Agreement, please do not use Creator's Studio by Rust-Oleum.
We may, without notice to you, at any time, revise this Agreement and any other information contained in Creator's Studio by Rust-Oleum by updating this posting. Creator's Studio by Rust-Oleum may also make improvements or changes in the products, services, or programs described in or offered on this site at any time without notice.
You must be 18 years of age or over to participate in Creator's Studio by Rust-Oleum, and be able to form legally binding contracts under applicable law. You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in this Agreement.
(A) COLLECTION AND USE OF PERSONAL INFORMATION
To set up an account, you must provide certain profile information, such as your name and contact information. All other information and contributions to the private community are entirely voluntary.
The purpose of Private Communities is to gather feedback and input from you about various topics and products. In addition, your feedback and input may be used to improve Creator's Studio by Rust-Oleum products, services, marketing and processes.
The Private Communities facilitate information collection and exchange through three main avenues:
- Registration questions: This is user supplied content presented at the initial registration for Creator's Studio by Rust-Oleum and contains specific demographic and other data related to you and / or your organization. For example, this includes information that you provide when joining Creator's Studio by Rust-Oleum such as your name and contact information. You may also add other information to your member profile.
- Crowdsourcing questions: This is user supplied content in response to questions and activities posed by Creator's Studio by Rust-Oleum. This may include discussions and forums including posts, answers, votes and comments and any information you provide in completing Creator's Studio by Rust-Oleum survey.
- Meta data: This is information generated automatically by the crowdsourcing platform that provides metrics to help Creator's Studio by Rust-Oleum and Chaordix understand usage patterns to improve quality and performance of the system. For example, when you visit Creator's Studio by Rust-Oleum, we may log certain information that your browser sends us, such as your IP address, browser type and language, access time, and referring website addresses. Meta data may also include information relating to the pages you view within our sites and other actions you take while visiting us. In addition, we may also use technologies to determine whether you've opened an e-mail or clicked on a link contained in an e-mail.
Collecting information in this manner allows us to collect statistics about Creator's Studio by Rust-Oleum‘s usage and effectiveness and personalize your experience while you are on Creator's Studio by Rust-Oleum.
The information that we collect, either directly or indirectly, may be combined to help us improve its overall accuracy and completeness and to help us better tailor our interactions with you.
Any content you post within Creator's Studio by Rust-Oleum, such as pictures, information or any other type of personal information, or opinions, ideas, observations, data or other contributions that you make available to other participants in Creator's Studio by Rust-Oleum is entirely voluntary.
Personalizing Your Experience on Creator's Studio by Rust-Oleum
We may use information we collect about you to provide you with a personalized experience on our Sites, such as providing you with content in which you may be interested and making navigation on our sites easier.
We may use your personal information to support products or services you have obtained from us, such as notifying you of a product update or fix.
The information you provide through Creator's Studio by Rust-Oleum, as well as the information we have collected about you indirectly, may be used by us to communicate with you through the service as well as through any contact information you may provide, such as an email address.. You may at any time choose not to receive communications from us by following the unsubscribe instructions included in any e-mails you may receive, or by contacting us directly (please refer to "CONTACT" below).
Cookies and other technologies
Notification of changes
You have the right to ask us not to process your personal data for marketing purposes by unchecking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
If you would like to access review, correct, update, change or delete your personal information simply log into your account and make the necessary changes. If you wish to close your account or account profile information altogether, please contact us firstname.lastname@example.org Your profile and personal information will be cleared. Your display name will be changed to something non-identifiable and will still appear next to any other content you may have created on the site but it will not be traceable to you by any users on the system. An email will be sent to you to confirm that your personal information has been deleted. We will also retain logs, demographic, indirect, and statistical information that may relate to you but do not identify you personally. If your personal information was previously accessed by others, we are not able to delete the information or copies thereof from their systems.
If you previously opted-in to receive newsletters, commercial e-mails or other communications from us or third parties, but subsequently change your mind, you may opt-out by editing your account profile as described above. If you previously opted not to receive such communications, you may later opt-in by editing your account profile.
During and subject to this Agreement, we grant you a limited, non-exclusive, non-sub-licensable, freely revocable license to access and use Creator’s Studio Community solely to enable your participation in the community.
The license granted above depends upon your compliance with this Agreement and such other rules as, following written notice to you, we may impose from time to time upon your use of our services and of Creator's Studio by Rust-Oleum. Creator's Studio by Rust-Oleum and services (and any outputs thereof) provided by us to you and any copies thereof made by you are and shall remain our exclusive property except as specifically stated in any additional Services Agreement or Statement of Work for professional services provided by Creator's Studio by Rust-Oleum,.
Except for the rights specifically granted under this Agreement or pursuant to any additional Services Agreement or Statement of Work for professional services provided by Creator's Studio by Rust-Oleum, you are not given any right, title or interest in or to Creator's Studio by Rust-Oleum or the services (and any outputs thereof), and we expressly reserve all such rights, titles and interests. You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us and/or our licensors.
(C) ACCEPTABLE USE AND CONDUCT
At all times you agree to use Creator's Studio by Rust-Oleum for legitimate business purposes only. Employees of Rust-Oleum Corporation are excluded from participating in this Community.
You are solely responsible for your conduct on Creator's Studio by Rust-Oleum. You specifically agree you will not do anything on Creator's Studio by Rust-Oleum that:
- infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- is intended for spamming, "chain letters," "pyramid schemes", advertisement any type, or other advertising or marketing activities that violate this Agreement, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off Creator's Studio by Rust-Oleum
- is misleading, deceptive or fraudulent, illegal or promotes illegal activities, such as engaging in phishing or otherwise obtaining financial or other personal information;
- is libelous or defamatory, or is threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Creator's Studio by Rust-Oleum;
- interferes with the proper working of Creator's Studio by Rust-Oleum or prevents others from using Creator's Studio by Rust-Oleum;
- facilitates the unlawful distribution of copyrighted content; or
- involves the use of misleading email or IP addresses, or forged headers or otherwise manipulated identifiers to disguise the origin of content transmitted through Creator's Studio by Rust-Oleum or to users.
Additionally, you agree not to:
- "stalk" or otherwise harass anyone;
- collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- impersonate a Creator's Studio by Rust-Oleum employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity or Creator's Studio by Rust-Oleum without authorization;
- request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of Creator's Studio by Rust-Oleum, including Private Community ID and passwords;
- use any profanity or post any content that Creator's Studio by Rust-Oleum determines constitutes pornography, inappropriate language or is adult in nature;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Creator's Studio by Rust-Oleum- except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Private Community infrastructure or systems;
- attempt to gain unauthorized access to any Private Community computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Creator's Studio by Rust-Oleum; or
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of Creator's Studio by Rust-Oleum or for using it for purposes unrelated to Creator's Studio by Rust-Oleum).
You agree not to authorize or encourage any third party to use Creator's Studio by Rust-Oleum to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Creator's Studio by Rust-Oleum in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.
Except as expressly permitted under this Agreement, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
- run, rent, lease, loan, or sell access to Creator's Studio by Rust-Oleum or the Private Community technology;
- decompile or reverse engineer or attempt to access the source code of the software underlying Creator's Studio by Rust-Oleum or the Private Community technology;
- copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any Private Community technology;
- access Creator's Studio by Rust-Oleum to build a product using similar ideas, features, functions, interface or graphics of the Private Community;
- access (or attempt to access) any service on Creator's Studio by Rust-Oleum by any means other than as permitted in this Agreement;
- circumvent, disable or otherwise interfere with security-related features of Creator's Studio by Rust-Oleum; or
- delete the copyright and other proprietary rights notices on Creator's Studio by Rust-Oleum.
(D) OWNERSHIP OF CONTENT
Creator's Studio by Rust-Oleum retains all rights of ownership to the responses to the registration and crowdsourcing questions and Creator's Studio by Rust-Oleum and Chaordix jointly retains all rights of ownership to the Meta Data created on and submitted to Creator's Studio by Rust-Oleum
All content will be stored in the Amazon cloud unless otherwise stated. All content will be accessible and processed by Creator's Studio by Rust-Oleum according to roles and responsibilities set out by Creator's Studio by Rust-Oleum sponsor - Rust-Oleum.
You hereby grant Chaordix and Rust-Oleum a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to:
- use, reproduce, create derivative works of, distribute, publicly perform and publicly display any content you create or submit for the sole purpose of operating and making such content available on Creator's Studio by Rust-Oleum and in all current and future media in which Creator's Studio by Rust-Oleum may now or hereafter be distributed or transmitted; and
- disclose metrics regarding content you create on an aggregated basis for advertising, marketing and business development purposes.
Without limiting the foregoing, we reserve the right to retain copies of all content for archival purposes after termination of this Agreement.
Additionally, you understand and agree that any content you create that is displayed on a Private Community may continue to appear on that Private Community, even after you have terminated Private Community account or terminated this Agreement, as portions of your content may have been incorporated into member profiles, RSS feeds or other features.
By submitting ideas, suggestions, documents and/or proposals ("Feedback") to us through Creator's Studio by Rust-Oleum you acknowledge and agree that:
- your Feedback does not contain your or any third party's confidential or proprietary information;
- we are not under any obligation of confidentiality, express or implied, with respect to the Feedback;
- we shall be entitled, at our sole discretion, to use and disclose such Feedback for any purpose, in any way, in any media worldwide;
- we may have something similar to the Feedback already under consideration or in development;
- the Feedback automatically becomes our property without any obligation to you; and
- you are not entitled to any compensation or reimbursement of any kind from us for the Feedback under any circumstances.
(E) TRADEMARKS AND LEGAL NOTICES
Trademarks, logos, images, service marks, trade names and other distinctive branding features used on Creator's Studio by Rust-Oleum are the trademarks of Rust-Oleum and may not be used without permission. Other trademarks, logos, and trade names that may appear on Creator's Studio by Rust-Oleum are the property of their respective owners.
(F) OWNERSHIP OF TECHNOLOGY INTELLECTUAL PROPERTY
You agree that as between you and Creator's Studio by Rust-Oleum, Rust-Oleum and/or its licensors own all right, title and interest, including all intellectual property rights, in and to the technology on which Creator's Studio by Rust-Oleum relies. Additionally, you further agree that Rust-Oleum and/or its licensors own all rights, title and interest, including, all intellectual property rights to content created on or submitted to Creator's Studio by Rust-Oleum. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement or expressly set out in a separate Service Agreement or Statement of Work pursuant to professional services provided by Creator's Studio by Rust-Oleum. Any rights not expressly granted herein, are reserved to Rust-Oleum and/or its licensors.
Additionally, Creator's Studio by Rust-Oleum may display hyperlinks or any other form of link or redirection of your connection to other sites ("Third Party Sites"). These Third Party Sites are in no way integrated into the Private Community and the inclusion of any link does not imply the Private Community's affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Creator's Studio by Rust-Oleum expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to, by, or through Creator's Studio by Rust-Oleum. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
All links to this website must be approved in writing by us, except that we consent to links in which the link and the pages that are activated by the link do not:
- create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this site;
- misrepresent your relationship with Creator's Studio by Rust-Oleum;
- imply that Creator's Studio by Rust-Oleum approve or endorse you, your website, or your service or product offerings; and
- present false or misleading impressions about Creator's Studio by Rust-Oleum or otherwise damage the goodwill associated with Rust-Oleum's names or trademarks. As a further condition to being permitted to link to this site, you agree that Creator's Studio by Rust-Oleum may at any time, in our/its sole discretion, terminate permission to link to this website. In such event, you agree to immediately remove all links to this website and to cease using any of Creator's Studio by Rust-Oleum 's trademarks.
(G) REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to Creator's Studio by Rust-Oleum that you will comply with all applicable laws, rules, and regulations in connection with your use of Creator's Studio by Rust-Oleum including your promotional or other activities off Creator's Studio by Rust-Oleum that relate to your participation in the Private Community.
(H) CREATOR'S STUDIO BY RUST-OLEUM'S RELATIONSHIP WITH USERS
You acknowledge that Creator's Studio by Rust-Oleum may terminate your account and remove your Private Community account in accordance with this Agreement.
(I) MEMBER DATA PRIVACY AND COOKIES
(J) YOUR ACCOUNT
You agree to provide accurate information, and keep the information current. You agree to keep your login name and password confidential, and not give it to anyone else. You agree not to log in using someone else's credentials. You agree to contact us if you think your account has been accessed without your approval or if you believe your login name and password have been stolen. Creator's Studio by Rust-Oleum reserves the right to log off or deactivate Member accounts that are inactive for an extended period of time.
Creator's Studio by Rust-Oleum will not be liable for any loss that you may incur as a result of someone else using your Private Community ID or password, either with or without your knowledge. However, you may be held liable for losses incurred by Creator's Studio by Rust-Oleum or another party due to someone else using your Private Community ID, or password. In other words, please be careful with your identity and passwords.
Information on Creator's Studio by Rust-Oleum site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Creator's Studio by Rust-Oleum does not assume responsibility (and therefore expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
Creator's Studio by Rust-Oleum does not provide any assurances that any reported problems will be resolved, even if Creator's Studio by Rust-Oleum elects to provide information with the goal of addressing a problem.
(L) DISCLAIMER OF WARRANTIES
USE OF CREATOR'S STUDIO BY RUST-OLEUM IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CREATOR'S STUDIO BY RUST-OLEUM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CREATOR'S STUDIO BY RUST-OLEUM MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
THE DOWNLOADING OR OBTAINING OF ANY MATERIAL FROM OR THROUGH CREATOR'S STUDIO BY RUST-OLEUM IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY:
- LOSS OF DATA; AND
- DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, THAT RESULTS FROM THE SAME.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIVATE COMMUNITY MEMBERS, CREATOR'S STUDIO BY RUST-OLEUM OR THEIR RESPECTIVE SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE PRIVATE COMMUNITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless Creator's Studio by Rust-Oleum and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:
- Your use or misuse of, or connection to, Creator's Studio by Rust-Oleum;
- Your breach or alleged breach of this Agreement;
- Your violation of any rights (including intellectual property rights) of a third party;
- Your breach or alleged breach of any agreement or policy between you and other users.
Creator's Studio by Rust-Oleum reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Creator's Studio by Rust-Oleum and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Creator's Studio by Rust-Oleum. Creator's Studio by Rust-Oleum will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(N) LIMITATION OF LIABILITY
Nothing in this Agreement shall limit or exclude any party's liability for:
- death or personal injury caused by its or their negligence, or the negligence of its or their employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for it or them to exclude or restrict liability.
Commentary and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. Creator's Studio by Rust-Oleum therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Creator's Studio by Rust-Oleum and other members of our group of companies and third parties connected to us and Chaordix hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- wasted management or office time,
- in each case whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Each of Creator's Studio by Rust-Oleum’s total liability to you in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amounts paid to Creator's Studio by Rust-Oleum by you in the twelve months immediately preceding the initial notice of any claim.
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through Creator's Studio by Rust-Oleum. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over this Agreement. Please see the applicable agreement or notice.
(O) CHANGES TO CREATOR'S STUDIO BY RUST-OLEUM
Creator's Studio by Rust-Oleum reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing Creator's Studio by Rust-Oleum or any part thereof with or without notice. Creator's Studio by Rust-Oleum will not be liable to you or to any third party for any modification, suspension or discontinuance of Creator's Studio by Rust-Oleum.
(P) CONFIDENTIAL INFORMATION
Rust-Oleum does not want to receive confidential or proprietary information from you through Creator's Studio by Rust-Oleum. Please note that any information, content or material posted or uploaded to Creator's Studio by Rust-Oleum will be deemed NOT to be confidential. By uploading or posting any information or material on Creator's Studio by Rust-Oleum, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right and license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us outside of the private community unless:
- we obtain your permission to use your name;
- we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or
- we are required to do so by law.
- the date you accept it; and
- 30 days after the material changes are initially posted to Creator's Studio by Rust-Oleum.
The revised version will apply to you immediately if you are a user who registers or first uses Creator's Studio by Rust-Oleum on or after the posting of the revised version.
(R) TERM, TERMINATION AND SURVIVAL
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your membership within Creator's Studio by Rust-Oleum at any time and for any or no reason by following the instructions on the "My Settings" page while logged in to a social network. Additionally, you may terminate your Private Community ID account and end your use of Creator's Studio by Rust-Oleum at any time and for no reason by following the directions here or contacting us at email@example.com
Creator's Studio by Rust-Oleum has the right (at its sole discretion) for any reason to:
- delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Creator's Studio by Rust-Oleum; or
- shut down Creator's Studio by Rust-Oleum, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid, or return or retain any data or content, in each case except as may be required by applicable law.
EFFECTS OF TERMINATING
Upon deactivating your account, this Agreement will terminate and you will no longer have a right to access your account OR any content you may have created.
If any provision of this Agreement is prohibited by law or held by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
(S) GOVERNING LAW
The U.S. courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States.
(T) RELATIONSHIP OF THE PARTIES
The parties are independent contractors with respect to each other. This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that Creator's Studio by Rust-Oleum has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
(U) NO THIRD PARTY BENEFICIARIES
Except as provided herein, none of the provisions of this Agreement are intended to, or will, confer a benefit on or be enforceable by any third parties.
The failure of Creator's Studio by Rust-Oleum to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in this provision, and the other provisions of this Agreement remain in full force and effect.
You may not delegate your duties under this Agreement or assign this Agreement or your Private Community accounts or Private Community IDs, in whole or in part. Creator's Studio by Rust-Oleum may assign any of its rights and obligations under this Agreement without consent, including, in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction. This Agreement shall be binding on the parties' permitted assignees, transferees and successors.
The terms "including" and "includes" shall be deemed to be followed by the statement "without limitation" and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.
Creator's Studio by Rust-Oleum may provide you with notices, including those regarding changes to this Agreement or any of Creator's Studio by Rust-Oleum's terms and conditions, by email, regular mail, or postings on the Private Community. Notice will be deemed given twenty-four (24) hours after email is sent. Notices not pertaining to any amendments to this Agreement or any Guidelines (such as notices relating to technical changes to the Private Community) are deemed given two (2) days following the initial posting.
Creator's Studio by Rust-Oleum is open to US and Canadian residents only, any registration and/or IP address outside of the US or Canada is excluded from prizing, incentives and products. Certain products can only be shipped within the United States. All prizes must be claimed within one year.
If you have a question about this Agreement, or our handling of your information, you can contact us at firstname.lastname@example.org
If you have a question, comment or suggestion about the technology of Creator's Studio by Rust-Oleum, you can contact email@example.com