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Welcome to www.KreyTor.org (the “Creators Node Site”) which is operated by Creators Node - Independent Creators Network Inc. (“Creators Node”, which term includes all of its affiliates, subsidiaries, shareholders, officers, directors, agents, representatives, users, contractors, employees, licensors, licensees, suppliers, partners and licensors). Please take the time and read through these Terms of Use carefully. These Terms of Use set out the terms and conditions for your use of the Creators Node Site and any related subdomains and subsidiary sites (collectively, the “Sites”), and the crowdfunding and curating services offered by Creators Node (together with the Sites, the “Service”). BY USING THE SERVICE IN ANY MANNER (INCLUDING, BUT NOT LIMITED TO, VISITING OR ACCESSING THE SITES), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL RELATED POLICIES, CONDITIONS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICE.

1.Definitions. For the purposes of these Terms of Use, the following words and variations thereof have the following meanings:

(a)“Content” means any creative content, including, but not limited to, text (such as short-stories, books and poems), data, images, videos, audio (such as songs and albums), software, artwork and creative projects in the areas of theatre, technology, music, film, art, games, food, design, fashion, dance, photography, craftwork, academic papers/research, do-it-yourself projects.

(b)“Creator(s)” means (i) a registered user who is using the Sites to solicit funding for his or her Content. The Creator will be the beneficiary of a crowdfunding campaign hosted on the Creators Node Site; (ii) a registered user who has created or curated Content posted for sharing on the Creators Node Site and who receive gratuities from other users; and (iii) any user who has posted Content on the Creators Node Site, whether or not he or she is soliciting or accepting funds.

(c)“Funder(s)” means a registered user who contributes to a Creator’s project by giving funds to the Creator’s crowdfunding campaign or by submitting Gratuities (as defined below) to a Creator.

(d)“Gratuity” means an amount of money given to a Creator by a User in appreciation of the Creator’s Content via the “Tip Jar” feature on the Creators Node Site.

(e)“Perk” means an item offered by a Creator to a Funder as a token of thanks for his or her support.

(f)“Pledge” means an amount of money committed by a User to a Creator to help fund that Creator’s crowdfunding campaign in support of the Creator’s Content.

(g)“User(s)” means anyone who visits or accesses the Sites and all registered users, including Creators and Funders.

2.Description of Service. The Creators Node Site provides an online space for Creators to post their Content. It is a place where Users can socially interact with and support Creators. Creators may choose to run crowdfunding campaigns hosted by the Creators Node Site whereby Funders can make Pledges to their campaigns. Conversely, Funders may choose to make Pledges or give Gratuities to Creators. Every User has the opportunity to contribute to the Creators Node community. Any User can act as a “curator” by posting to the Creators Node Site either their own Content or another person’s Content provided that such User must have authorization to do so under an appropriate licence.

3.Acceptance of Terms. These Terms of Use apply to every User of the Sites. By using the Service, you accept all of the terms and conditions in these Terms of Use, as well as all of the terms and conditions contained in the Creators Node Privacy Policy available at http://www.kreytor.org/privacypolicy. Creators Node reserves the right to modify or replace these Terms of Use or the Privacy Policy at any time by posting the updated Terms of Use or Privacy Policy to the Creators Node Site. It is your responsibility to check the Creators Node Site periodically for such updates. Continued use of any of the Sites after the posting of changes to the Terms of Use or Privacy Policy constitutes your acceptance of the changes.

4.Rules of Conduct. As a condition of using the Service, you agree to all of the following:

You must be a registered user to give or accept money in support of, or in appreciation for, Content through the Service.

You are required to select a user identification (“UserName”) and password to access certain aspects of the Service. You are responsible for maintaining the confidentiality of your UserName and password.

You are responsible for all activity that occurs under your UserName.

You are solely responsible for your conduct and any Content, materials or information that you submit, post, or display on the Service, or that you allow others to submit, post, or display on the Service under your UserName.

You will not upload, post, email, transmit or otherwise make available any Content, materials or information to, on or through the Service that are fraudulent, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, pornographic, invasive of another's privacy, or hateful.

You will be mindful that Content posted to the Creators Node Site is accessible by the general public, including children. If your Content, materials or information could be considered offensive to others, you agree to preface the Content, materials or information with a clear and readily viewable warning and description of the offensive nature of your Content, materials or information.

You will not post Content, materials or information that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person or entity or that violate any right of privacy, or that defame or libel any person or entity, or offer content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

If you are a Creator who has posted Content on the Creators Node Site, and subsequently you assign your copyright or other intellectual property rights in the Content to a third party, you will remove your Content immediately after the assignment, unless you have reserved sufficient legal rights such that the posting of the Content will not constitute infringement.

You will not transmit any worms or viruses, spyware, malware or any other harmful or destructive code to or through the Service.

You will not upload, post, email, transmit or otherwise make available to Users any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.

You will not use the Service for any illegal or unauthorized purpose or violate any applicable state, federal or local laws in your jurisdiction (including but not limited to intellectual property laws, criminal laws against money laundering, or tax laws).

You will not “stalk” or otherwise harass anyone on or through the Service.

You will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity, or falsely state or otherwise misrepresent your affiliation with an individual or entity.

You will not access another User’s account without that User’s permission, nor will you compromise another User’s account. You agree that if such acts are brought to the attention of Creators Node, Creators Node may (1) immediately terminate your Creators Node account, if any, and (2) provide all relevant information to law enforcement officials in order to assist in an investigation of your actions.

You will not transmit emails or any other content that includes personal or identifying information about another person without that person's explicit consent.

You will not violate nor attempt to violate the security of the Service, including, without limitation:

accessing data not intended for you, including logging into a server or account which you are not authorized to access;

attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization;

using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites;

taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Creative Node’s systems or networks, or any systems or networks connected to the Sites or to Creative Node’s systems;

conducting a reverse look-up, tracing or seeking to trace any information on any other User to its source, or exploit the Sites or any Service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service;

attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of “denial of service” attacks, overloading, “flooding”, “mailbombing” or “crashing”;

disrupting network nodes or network services or otherwise restrict, inhibit, disrupt or impede Creative Node’s ability to monitor or make available the Sites; or

taking any action in order to obtain services to which you are not entitled.

You will conduct yourself in a transparent manner that solicits trust from fellow Users when you are using the Sites. You will not make derogatory or false statements about fellow Users or Content via the Sites. You will not contact other Users to make false allegations of copyright or other intellectual property infringement. You will not submit false allegations of copyright or other intellectual property infringement against another User to Creators Node.

You will only post crowdfunding campaigns for civic, community, personal, charitable or legal causes under the “Civic” category.

All content on the Sites and the intellectual property rights therein (other than Content), including but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Website Content”), are the proprietary property of Creators Node or its licensors. We acknowledge that when you obtain access to one of the Sites, your computer downloads a copy of the information that is on it. We grant to you a personal, non-transferable and non-exclusive licence to access the Sites. By obtaining access to our Sites, you agree that you will use the information on them for your personal use only, and not for any commercial purpose or use whatsoever. This license is revocable by Creators Node at any time without notice and with or without cause. No Website Content may be modified, copied, distributed, forwarded, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of Creators Node, except as expressly permitted by these Terms of Use or by applicable copyright laws. You are responsible at all times for acting in compliance with applicable copyright laws and all other laws. You will abide by and maintain all copyright and other legal notices, information, and restrictions contained in any Content or Website Content accessed through the Service.

5.Registration.

(a)You may view Content without registering an account with Creators Node; however, to access some aspects of the Service (including to become a Creator or Funder) you will be required to select a UserName and password. In consideration of your use of such aspects of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Service, including your geographical location and billing address (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Creators Node has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

(b)You will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Creator’s Node of any unauthorized use of your password or account or any other breach of security; and (b) take measures to prevent unauthorized access (e.g., ensuring that you exit from your account at the end of each session).

(c)Any personal information you provide in the registration form will be collected in accordance with, and for the express purposes set out in, the Privacy Policy.

(d)Creators Node reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or Content) at any time for any reason. Creators Node may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

6.Crowdfunding Campaigns and Donate link on “Creatives” page.

(a)Responsibilities of Funders. If you are a Funder, you also agree to the following terms:

You are responsible for reviewing the amount of your Pledge or Gratuity, as well as the currency, before you click “submit”. If you make an error, and the amount you submit is in excess of the intended amount of your Pledge or Gratuity or in excess of the amount stated on your bill statement, you will contact the Creative Node billing department no later than 24 hours after the Pledge or Gratuity was submitted for a refund of the excess amount. You also acknowledge that, depending on the form of payment you use, return payment charges from a financial institution may apply which you will be responsible to pay. Creators Node does not charge additional fees for return payments other than for the actual cost incurred at the applicable financial institution to process the return payment, if any. All payments that have already been forwarded to the Creator, or are already in transit, will no longer be eligible for a refund from Creators Node.

You acknowledge that, once payments have been forwarded or are in transit, resolution of an overpayment issue will rest solely between you and the Creator. You agree to work in good faith with the Creator to resolve such issues and that you will take into consideration the difficulty that might be experienced by the Creator, who must demonstrate efforts to complete his or her Content. You agree to indemnify and hold Creators Node harmless and free from any liability arising from any claims, disputes, or issues that arise in connection with Pledge or Gratuity payments after the Pledge or Gratuity payments have been processed and forwarded to the Creator.

If you are a new User or you are contributing a substantial amount to a Creator, you acknowledge that Creators Node may contact you for additional personal information for verification purposes, to satisfy applicable anti-money laundering laws and/or to minimize a transaction error.

If you have any questions or concerns about the Content which you are supporting, you are solely responsible for exercising due diligence in investigating and questioning the Creator to ensure that your questions are answered or that your concerns are settled. Creators Node cannot guarantee projects nor does Creators Node investigate the Content, the Creator, or the Funders of the Content posted on the Creators Node Site.

You will pay the full amount owing on your Creators Node bill statement or “shopping cart” immediately after making the relevant pledge or donation. You are responsible for verifying that the Creators Node online bill payment account number you have submitted at your bank is correct prior to making any payments. You are also responsible for verifying that you have the correct beneficiary for your Pledge or Gratuity prior to making any payments.

(b)Responsibilities of Creators. If you are a Creator who is accepting Pledges or Gratuities via the Creative Node Site, you also agree to the following terms:

You will ensure that the currency in the bank account that you use to accept direct deposits is the same as the currency you selected on the Creators Node Site. You acknowledge that, if you provide the wrong banking information, Creators Node may deduct additional fees to cover (1) charges and penalties from applicable financial institution(s), and (2) applicable exchange rates and related charges required to correct the error.

You acknowledge that the final amount that you receive from Creators Node could be less than your expected Pledge amount after Creators Node deducts its service fees and, where applicable, banking and payment processing charges or “chargeback”. You agree that Creators Node is not responsible for Funders who fail to fulfill their Pledge obligations. You acknowledge that you are responsible for investigating industry trends and for including a margin in your goal amount to cover such potential shortfalls.

You acknowledge that payments from Funders could take between five (5) to thirty (30) business days after the day your Pledge period ends to be completely processed by Creators Node and deposited into your bank account. You agree to take this processing time into account when planning. You will not hold Creators Node liable for any delay in payment caused by third-parties, including financial institutions or Funders, nor for a failure to fulfill its obligations under these Terms of Use where such failure results from work stoppages, legal restrictions, weather, natural disasters, or any other occurrence beyond the reasonable control of Creators Node. You will not hold Creators Node responsible for any delay in payment caused by any hold on funds by your bank/financial institution account.

The crowdfunding service on the Creators Node Site is not an investment instrument, and you will not offer equity in, or a share of the profit from, your Content to your Funders. Notwithstanding, you may offer Perks to thank your Funders. You will not offer recurring Perks to the same Funder with respect to the same Content.

You will make sure every effort is exhausted in order to successfully complete your Content. You will not make promises or offer Perks to Funders or potential Funders if you might not be able to fulfill them.

As soon as you become aware that you may not complete your Content, you will remove the Content from the Creators Node Site before the campaign closes and Funders pay their Pledges. You agree to publicly post a plan on the Creators Node Site demonstrating how your project will be completed notwithstanding that you have not reached your crowdfunding campaign goal.

You acknowledge that, once Creators Node has forwarded payments to you or the payments are in transit, resolution of an overpayment issue will rest solely between you and the Funder. You agree to work in good faith with the Funder to refund overpaid amounts or otherwise resolve the issue with the Funder. You agree to indemnify and hold Creators Node harmless and free from any liability arising from any claims, disputes, or issues that arise in connection with Pledge or Gratuity payments after the Pledge or Gratuity payments have been processed and forwarded to you.

You agree to immediately provide any additional personal information that may be requested by Creators Node for the purpose of (1) completing the transfer of Pledge or Gratuity payments to you; (2) satisfying Creators Node’s internal security and anti-fraud measures; and/or (3) complying with anti-money laundering law or other applicable law.

You will not falsely claim ownership of, nor a licence in, Content for the purpose of fraudulently receiving Gratuities or Pledges. You agree that if such acts are brought to the attention of Creators Node, Creators Node may (1) immediately terminate your Creators Node account, if any; and (2) provide all relevant information to law enforcement officials in order to assist in an investigation of your actions.

You are solely responsible for reporting any Gratuities and Pledges that you receive through Creators Node to the applicable government authorities for tax purposes.

You will make every effort to provide updates and truthful details about your Content to other Users. You will provide updates in a clear and transparent manner. You will not conceal relevant information or post misleading information to the Sites in order to gain more financial support.

You will provide an estimated date of completion of your Content and post it to the Creators Node Site and to the official social feed to which your original campaign was posted. As soon as you become aware of changes in your completion schedule, you will post an update with an explanation to the Creators Node Site and to the official social feed to which your original campaign was posted.

You will periodically post updates about your Content on the Creators Node Site and the official social feed to which your original campaign was posted, until your Content is fully completed. You will update your project status page to reflect the progress of your Content. You will continue to provide updates about your Content even after your funding goal has been reached.

You will make every effort to promptly reply to questions from Creators Node and your Funders.

(c)Fees and Payments - Payment Process. The payment process begins when a Funder makes a Pledge, “Donate” or gives a Gratuity to a Creator. Payment is due immediately. The Funder pays the total amount owing on their bill statement or “shopping cart” through an authorized third-party payment processing company, such as major credit card companies, banks and financial institutions offering online bill payment services, and other online payment services supported by Creators Node. Finally, Creators Node transfers the payment to the Creator’s bank/financial institution account, minus the applicable Creators Node service fee and bank charges (if any). The service fee deducted will be as per the Fee Schedule available at https://www.kreytor.org/payment-options. Please note that Creators Node only transfers a Pledge amount owed to a Creator after the Pledge has actually been paid to Creators Node by the Funder. The Service is not a deposit or e-wallet service, and the Sites do not provide means for storing cash for later use.

(d)Fees and Payments - Refunds. All payments to Creators Node are final. If a Funder accidentally makes a payment in excess of his or her Pledge, the excess amount can be refunded by contacting the Creators Node billing department no later than 24 hours after the payment was submitted.

(e)Fees and Payments - Currency. Unless otherwise stated or explicitly selected by the User, the payment currency will be in Canadian dollars. The other currency option available at this time is U.S. dollars. Please note that Creators Node can only forward payments to U.S. and Canada at this time. For Creators residing in Canada who choose Canadian dollars as the currency in which to receive payment, all U.S. dollar payments will be converted to Canadian dollars before being transferred to your bank account. Creators who are resident in the U.S. or outside of Canada are normally paid in U.S. dollars. Creators residing in Canada who choose to receive payment in U.S. dollars must provide a U.S. dollar bank account number held at a Canadian bank or financial institution. If a payment is rejected due to a deposit error arising from a Creator providing the wrong banking information, Creators Node will charge back to the Creator any return fees of the financial institution associated with the transaction. Fees for a wire transfer to a non-Canadian bank or financial institution is as per the Fees Schedule. Creators Node will convert the currency to the currency selected by the Creator (either U.S. or Canadian dollars). Creators Node uses third-party currency exchange services and does not mark-up or charge for exchanging currency, other than the fees and mark-up of the third-party currency exchange company. Creators Node, in its sole discretion, will select the third-party currency exchange company in order to obtain the service that, in our opinion, offers the best value. Users will take into consideration the additional processing time that might be required for moving funds to/from our third-party currency exchange company. Creators Node fees could vary depending on the payment options and currency that you select. Please consult the Fees Schedule.

7.Links to Third-Party Websites. While the Sites may contain links to external third-party websites, Creators Node is not responsible for the content of any linked external sites. Links and resources are normally provided by Users of the Sites who are acting as curators. Creators Node does not endorse any external website nor accept responsibility for its accuracy, authenticity, timeliness or completeness. You access these linked external sites at your own risk.

8.Intellectual Property.

(a)When you (Creator) submit your original copyrightable Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by making your Content available through the Service you automatically grant to Creators Node a royalty-free, perpetual, irrevocable (except as expressly set forth in these Terms of Use), non-exclusive, transferable, worldwide, sublicensable (through multiple tiers) right and licence to use, reproduce, copy, distribute, transmit, host, market, create derivative works of, modify, adapt, display and perform the Content and any intellectual property rights therein (including but not limited to any copyright, trademark, publicity and database rights), in any form, technology or media now known or later developed, solely as reasonably necessary to make the Content available through the Service. You agree that Creators Node can grant sublicences with respect to the Content. You represent and warrant that you have the right to grant the license set out in this Section. You waive all of your moral rights in the Content and any intellectual property rights therein that you make available through the Service. IF YOU CHOOSE TO CANCEL YOUR ACCOUNT AND LEAVE THE SERVICE, AND HAVE REMOVED YOUR CONTENT FROM THE SERVICE, THIS LICENCE WILL BE DEEMED REVOKED AT THE TIME THAT YOU CANCEL YOUR ACCOUNT AND REMOVE ALL SUCH CONTENT.

(b)When you (Creator) submit your original copyrightable Content on or through the Service, you (i) represent and warrant that such Content is original to you and that no other party has any rights thereto, and that you retain ownership of any copyright you claim to your submitted Content, or (ii) you represent and warrant that you are legally entitled to post the Content and grant the foregoing licence to Creators Node.

(c)For greater clarity, when you (Creator) submit Content in which the intellectual property rights are owned by a third party in order to “Share A Work” or “curate” the Content on or through the Service, you represent and warrant that you are legally entitled to submit the Content and that you have been granted a licence from the owner(s) of the Content that permits you to (1) post the Content on the Creators Node Site; and (2) grant the foregoing licence to Creators Node. As such, you (Creator) acting as a “curator” are responsible for the copyright licences, if any, granted to other Users, and it is your responsibility to give notice to Users of the terms under which you offer the Content to other Users, such terms to be in compliance with your licence from the owner(s) of the Content. You (Creator) acting as a “curator” will be fully responsible for the curated Content and for any claim of intellectual property infringement that might be made against the curated Content in connection with the Service.

9.Intellectual Property Infringement Claims. It is the policy of Creators Node to respond promptly to notices of claimed intellectual property infringement. A notice of claimed intellectual property infringement must be accompanied by evidence that the claimant owns the intellectual property rights to the content in question. A notice of claimed intellectual property infringement must be in writing and shall:

(a)state the claimant’s name and address and any other particulars that enable communication with the claimant;

(b)identify the work or other subject-matter to which the claimed intellectual property infringement relates;

(c)state the claimant’s interest or right with respect to the intellectual property rights in the work or other subject-matter;

(d)specify the location data for the electronic location to which the claimed intellectual property infringement relates;

(e)specify the intellectual property infringement that is claimed; and

(f)specify the date and time of the commission of the claimed intellectual property infringement.

In the absence of a warrant or court order, upon receiving a notice of claimed intellectual property infringement, Creators Node will make reasonable efforts to forward the notice to the User who posted the alleged infringing content. The alleged infringer will be given an opportunity to reply to the allegations or take down the content. Please note that Creators Node will not disclose any personal information about the alleged infringer to the claimant without a court order. A claim of intellectual property infringement submitted to Creators Node must only be for content posted to the Sites. This does not include embedded links to media and documents that are hosted at third-party websites. If the alleged infringing content is located on a third-party website via our embedded links or other links posted by a User, a claimant shall contact the User who posted the link and/or the third-party website hosting the content. Please direct any claims of intellectual property infringement to the address below:

 

Infringement Claim Department

infringement@kreytor.org

 

10.Limitation of Liability.

(a)Your direct interactions (if any) with other Users, including any other terms, conditions, warranties, guarantees or representations associated with the giving and receiving of Pledges and Gratuities, are solely between you and that individual. Your rights and remedies with respect to such interactions (other than in relation to Creators Node service fees) shall be solely against the applicable Funder or Creator, and any questions, complaints or claims relating to any outstanding Pledges or Gratuities should be directed to that Funder. Any questions, complaints or claims relating to lack of completion or unsatisfactory completion of Content should be directed to the applicable Creator. You further understand and agree that Creators Node is not the agent or representative of any Creator, Funder or any other User for any purpose whatsoever. You acknowledge that Creators Node has no control over and does not guarantee the quality, safety or legality of the Content or the Website Content, the truth or accuracy of Users’ content or listings, the ability of Funders to fulfill Pledges or pay Gratuities, the ability of Creators to complete Content, or that a Funder will actually complete a transaction.

(b)By using the Service, you acknowledge and agree that Creators Node shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Content or Website Content on this Service or through links on the Sites or from any action or inaction of any Creator or Funder. IF THERE IS A DISPUTE BETWEEN YOU AND ANY THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY USER OF THE SERVICE), CREATORS NODE IS UNDER NO OBLIGATION TO BECOME INVOLVED, AND YOU HEREBY RELEASE CREATORS NODE FROM ANY CLAIMS, DEMANDS OR DAMAGES OF ANY KIND AND OF ANY NATURE ARISING OUT OF OR RELATING TO ANY SUCH DISPUTE.

(c)YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CREATORS NODE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO ACCESS TO OR USE OF THE SERVICE AND/OR THE USE OF LINKS TO OTHER WEBSITES, WHETHER OR NOT ANY SUCH DAMAGES MIGHT BE FORESEEABLE AND EVEN IF CREATORS NODE IS INFORMED OF THEIR POSSIBILITY, INCLUDING WITHOUT LIMITATION, LIABILITY FOR LOSS OF PROFIT, BUSINESS, CONTRACTS OR REVENUES OR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES. TO THE EXTENT PERMITTED BY LAW, ALL IMPLIED TERMS ARE EXCLUDED.

(d)THIS EXCLUSION OR LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION OR PROCEEDING, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR OTHERWISE.

(e)YOU HAVE THE SOLE RESPONSIBILITY FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THE SITES.

(f)IF YOU USE THE SERVICE, YOU ARE AGREEING THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND IN KEEPING WITH THE NATURE OF THE SERVICE.

(g)You agree that the Service is a venue and as such Creators Node is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on the Service. You use the Service at your own risk.

(h)If you are dissatisfied with the Service or with the Terms of Use, your sole and exclusive remedy is to discontinue using the Service.

11.No Warranty. YOU AGREE THAT THE SERVICE IS PROVIDED ON ANAS ISBASIS, AND THAT YOUR USE OF THE SERVICE PROVIDED BY CREATORS NODE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CREATORS NODE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR ACCESS TO AND USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CREATORS NODE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CREDIBILITY OF THE USERS OF THE SERVICE, THAT USERS WILL PERFORM AS PROMISED, ABOUT THE TRUTHFULNESS, ACCURACY OR COMPLETENESS OF THE CONTENT AND/OR THE WEBSITE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, OR THE AVAILABILITY, QUALITY, CHARACTERISTICS, LEGITIMACY, FUNCTIONALITY, SECURITY OR SAFETY OF ANY CONTENT OR WEBSITE CONTENT POSTED ON THE SITES, OR ANY DESCRIPTIONS OR LITERATURE ABOUT THE CONTENT OR THE WEBSITE CONTENT. CREATORS NODE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT OR THE WEBSITE CONTENT ON THE SERVICE ARE FIT FOR ANY PARTICULAR PURPOSE OR WILL MEET ANY USER'S REQUIREMENTS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OR THE WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR WEBSITE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR WEBSITE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. CREATORS NODE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. ADDITIONALLY, CREATORS NODE IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS THAT RESULT FROM USERS DIRECTLY CONTACTING OTHER USERS OR FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM TRANSACTIONS CONDUCTED OUTSIDE OF THE SERVICE, INCLUDING TRANSACTIONS THAT MAY ORIGINATE THROUGH THE SERVICE BUT ARE TAKEN OFFLINE OR OUTSIDE OF THE SERVICE.

12.Indemnity. By accepting these Terms of Use, you agree to indemnify and hold Creators Node harmless from any and all claims, demands, liabilities, expenses or tax assessments, including reasonable legal fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body, due to, arising out of or relating to (i) any content, information or materials that you submit, post, transmit, provide or otherwise make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your actual or alleged breach of these Terms of Use, (v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or (vi) your actual or alleged violation of any applicable laws, rules, regulations or rights of another.

13.Miscellaneous Provisions.

(a)Ownership. The Sites are owned by Creators Node and/or, in the case of certain features, its third party service providers, and unless otherwise indicated, the Website Content is the property of Creators Node and is protected, without limitation, pursuant to Canadian and foreign copyright and intellectual property laws.

(b)Entire Agreement. These Terms of Use constitute the entire agreement between you and Creators Node pertaining to the subject matter hereof. You agree to review these Terms of Use prior to any use of the Service, and each use of the Service by you shall constitute and be deemed your unconditional acceptance of these Terms of Use. Creators Node may prospectively modify these Terms of Use by posting a revised Terms of Use on the Creators Node Site.

(c)No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Creators Node is merely a service provider that offers Users the technological means to communicate with each other and to raise and give funds in support of creative Content.

(d)Governing Law and Forum. Creators Node controls www.KreyTor.org from its offices within the Province of Manitoba, Canada. The Service can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Manitoba, by accessing the Service, you agree that all matters relating to access to, or use of, the Service, or any other hyperlinked website, shall be governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Manitoba and acknowledge that you do so voluntarily and are responsible for complying with all local laws.

(e)General. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Creators Node related to the Service, the Content or these Terms of Use and, where, applicable, you also agree to opt out of any class proceedings against Creators Node or its licensors. We have required that these Terms of Use and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

(f)Waiver and Severability. The failure of Creators Node to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of these Terms of Use is held by a Court or a tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portion of these Terms of Use will remain in full force and effect.

(g)Notices. Creators Node may provide you with notices, including without limitation, those regarding changes to the Terms of Use and other service-related announcements, by email or postings on the Service.

(h)Assignment. Creators Node may assign these Terms of Use to any successor or purchaser of Creators Node. These Terms of Use cannot be assigned or transferred, in whole or in part, by you. These Terms of Use will enure to the benefit of and be binding upon each of us and our respective heirs, administrators, successors and permitted assigns.

(i)Headings. All article or section headings are for reference and convenience only and shall not be considered in the interpretation of the Terms of Use.

(j)E-mail. The inclusion of any email addresses on the Service is not consent to receiving unsolicited commercial electronic messages or SPAM.

14.Termination. Creators Node reserves the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use the Service will immediately cease. All provisions of the Terms of Use will survive termination, including without limitation, intellectual property ownership provisions, licenses, warranty disclaimers, indemnities, and limitations of liability. Creators Node reserves the right to modify or terminate the Service for any reason, without notice, at any time.

Creators Node - Independent Creators Network Inc.

3-212 Henderson Highway, Suite 324

Winnipeg, Manitoba R2L 1L8

 

Effective Date: May 1, 2013 Original Site https://Kreytor.org, November 1, 2016 – New Updated Site https://Kreytor.org