Last updated: Jan 2017
Welcome to 999Creatives LLP. 999Creatives.com is a marketplace platform for services performed by its users.
For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page.`
Use of the site is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use 999Creatives Services LLP., only with the involvement of a parent or guardian. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company 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.
Projects are Services offered on 999Creatives.
Vendors are Users offering and performing services through Projects on 999creatives.
Buyers are Users who purchase services on 999Creatives.
Project Page is where the Vendor can describe their Project and the Project’s terms, and the buyer can purchase the Project and create an order.
Custom Offers are exclusive proposals that a Vendor 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 Vendor.
Orders are the formal agreement between a buyer and Vendor after a purchase was made from the Vendor’s Project Page.
Order Page is where buyers and Vendors communicate with each other in connection with an ordered Project.
Disputes are disagreements experienced during an order between a Buyer and Vendor.
Revenue is the money Vendors earn from completed orders.
Project Extras are additional services offered on top of the Vendor’s Project for an additional price defined by the Vendor.
Project Multiples are additional quantities of unique orders from the Vendors Project.
Overview (Main terms, in a nutshell)
Most Projects® on 999Creatives are offered at a base starting price of Rs. 999. Some Projects are offered at a base price of more than Rs. 999.
Only registered users may buy and sell on 999Creatives. Registration is free.
Buyers pay 999Creatives in advance to create an order.
Orders are purchased through the Order button found on a Vendor’s Project page or through a Custom Offer.
For fees and payments please read the purchasing section here.
Vendors gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Project Extras, or selling their Project in multiples.
Vendors must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Vendors’ reputation and status.
Users may not offer or accept payments using any method other than placing an order through 999Creatives.com.
Buyers are granted all rights for the delivered work, unless otherwise specified by the Vendor on their Project page. Note: Some Projects charge additional payments (through Project Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
999Creatives retains the right to use all published delivered works for 999Creatives marketing and promotion purposes.
Each order you sell and successfully complete accredits your account with a net revenue of 80% of the purchase amount.
999Creatives accredits Vendors once an order is completed. See our "Orders" (Can Be erased) section below for a definition of a completed order.
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. Top Rated Vendors are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
Withdrawals from your account may become disabled upon review of our Trust & Safety team. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from Buyers to our Customer Support team, or if another 999Creatives profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by our Trust & Safety team following a review of your account.
If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
Vendors may withdraw their revenues using one of 999Creatives’s withdrawal options. (Can Be erased)
The Vendor's rating is calculated based on the order reviews posted by buyers. High ratings allow Vendors to obtain advanced Vendor levels (see Levels below).
Vendors are allowed to post a select amount of Active Projects based on their Level status.
5 Projects for Vendors without a Level status.
10 Projects for Level 1 Vendors.
20 Projects for Level 2 Vendors.
30 Projects for Top Rated Vendors.
Projects created on 999Creatives are User Generated Content.
Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement
Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found here
Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of Projects
Spam, Nonsense, or Violent Projects
Reselling of regulated goods
Projects that are removed for violations mentioned above, may result in the removal of the Vendor’s account.
Projects that are removed for violations are not eligible to be restored or edited.
Projects may be removed from our Search feature due to poor performance and/or user misconduct.
URLs in your Project text that redirect to third party websites are subject to approval and may be considered inappropriate to use on 999Creatives.
Projects are required to have an appropriate Project image related to the service offered. An option to upload two additional Project images is available to all Vendors.
Projects may contain an approved Project Video uploaded through the Project management tools available on 999Creatives.
999Creatives is all about helping Vendors leverage their skills. We seek to empower top performing Vendors with helpful tools to grow their business. Vendors who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, 999Creatives may reward them with new statuses, special opportunities, benefits, and tools that come with it.
999Creatives Vendors can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
Advancement in Levels are updated periodically by an automated system.
The current Levels a Vendor can achieve are, Level 1, 2, and Top Rated.
Vendors who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Vendor status and the benefits that come with it. For example, late deliveries, warnings to the Vendor’s account and cancellations can cause a Vendor to move to a different Level.
Advanced levels provide their owners with additional benefits, including offering Projects for higher prices through Project Extras, or selling their Project in multiples.
Top Rated Vendors
Top Rated Vendors are chosen manually by 999Creatives editors based on seniority, volume of sales, extremely high rating, exceptional customer care and community leadership. Top Rated Vendors gain access to more extensive features than previous levels, including exclusive access to beta features and VIP(Special) support.
Vendors can also send Custom Offers addressing specific requirements of a buyer. Custom Offers are defined by the Vendor 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.
999Creatives Bespoke(Anywhere) – another word
999Creatives Anywhere is a feature that allows Vendors to send Custom Offers outside of 999Creatives.
Users accessing and purchasing from a 999Creatives Anywhere offer that are not already members of 999Creatives, will be required to register with 999Creatives to create an order.
Vendors are required to deliver proof of completion of services in the order page. Please see our Orders section for further details.
To withdraw your revenue, you must have an account with at least one of 999Creatives withdrawal providers (Authorized banks in India offering net banking services and preferably having IMPS account activated). In case of International service providers, it is mandatory to share their Pay Pal , Skrill, Payoneer etc.account details.
Your 999Creatives profile can be associated with only one account from each 999Creatives withdrawal providers. A withdrawal provider account can be associated with only one 999Creatives profile.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days( 7 days for top rated Vendors) 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 provider / method.
Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
2% of the sum withdrawal amount up to $1
For a list of PayPal services by country click here
Important notice regarding fees:
A percentage of the sum withdrawal will be ducted as fees by Paypal (Indian applicability), Master card etc.
These are not fees charged by 999Creatives.
You may not offer Vendors to pay, or make payment using any method other than through the 999Creatives.com site.
999Creatives retains the right to use all published delivered works for 999Creatives marketing and promotional purposes.
Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on 999Creatives must be an allowed service on 999Creatives. Please click here for guidelines on approved services.
Buyers pay 999Creatives to create an order from a Vendor’s Project page, through the Order Now button.
In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from Vendors through the site or through 999Creatives Anywhere.
Projects may be purchased using a Credit Card, PayPal, 999Creatives Credit, and in certain countries Skrill etc.
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 January 2017, the current fees assessed to the total purchase amount are 5% of the purchased amount. When purchasing from your Vendor'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, but only in the event that your balance covers the entire purchase amount.
You may not offer Vendors to pay, or make payment using any method other than through the 999Creatives.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
Once payment is confirmed, your order will be created and given a unique order number.
Orders purchased with a combination of Project Extras and Project Multiples are multiple unique orders with additional services added to each order.
Vendors 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 Project.
Using the Deliver Work button may not be abused by Vendors to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button for an unfulfilled order may result in a cancellation of that order after review, affect the Vendor’s rating and result in a warning to the Vendor.
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 being marked as Delivered.
We encourage our buyers and Vendors to try and settle conflicts amongst themselves, including by using the Resolution Center tab in the order page. If for any reason this fails, users can contact 999Creatives customer support department for assistance here.
When a buyer orders a Project, the Vendor is notified by email as well as notifications on the site while logged into the account.
Vendors are required to meet the delivery time they specified when creating their Projects. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the Vendor's rating.
Vendors must send completed files and/or proof of completed work using the Deliver 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. 999Creatives will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
A Vendor may cancel an order without the buyer's consent at any given moment (Force Cancellation). However, this will have a negative effect on the Vendor's rating.
Buyers may use the "Request Modifications" feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Vendor's description on their Project page or the requirements sent to the Vendor at the beginning of the order process.
Feedback reviews provided by Buyers while completing an order are an essential part of 999Creatives's rating system. Reviews demonstrate the buyer's overall experience with the Vendors and their service. Buyers are encouraged to communicate to the Vendor any concerns experienced during their active order in regards to the service provided by the Vendor.
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 999Creatives platform from users within our Community. Purchases arranged, determined to artificially enhance Vendor ratings, or to abuse the 999Creatives 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 Vendor’s Project page. 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 Vendors Live Portfolio on their Project page 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 Project’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 (or 14 days for Projects with shipping). 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.
In some Projects offered on 999Creatives, you will be able to use Stock Images.
Stock Images are offered as part of the Project only from a catalogue found on 999Creatives (the “Stock Images”). When choosing the Extra of Stock Images, the Vendor will use a Stock Images of his selection and will provide it as part of the delivered work.
Important: Each selected Stock Image/s is authorized for one time use integrated with the delivered work only and not as a stand-alone or for reoccurring use. Vendors are unauthorized to share the original image file with the Buyer or any third party.
Important: If you will cancel an order that includes a Stock Image/s, the Stock Image/s will be cancelled as well and you will no longer be able to use the Stock Image/s.
All Stock Images are licensed by GettyImages®, who has full ownership and copyrights to the Stock Images and shall be responsible for all Stock Images and their quality.
When using the Stock Images, you represent and warrant the following:
You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
Stock Images may not be used:
on a stand-alone basis with no other content;
for pornographic, defamatory or other unlawful purposes;
as templates used to create multiples copies of the same Project;
for the purpose of enabling file-sharing of the image file; or
in logos, trademarks, services marks or any other branding or identifiers.
If Stock Image/s featuring an individual/s is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
You may not activate the “right-click” function in Stock Image/s, remove any metadata in Stock Image/s, or reverse engineer, decompile, or disassemble the Stock Image/s to enable the download or use Stock Image/s on a stand-alone basis.
No ownership or copyrights to Stock Image/s are granted to you.
Users can contact 999Creatives's customer support department for assistance here
Some of the services on 999Creatives are delivered physically (arts and crafts, collectable items, etc.). For these types of Projects, Vendors may decide to add shipping charges. Vendors can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
Important: Buyers who order Projects that require physical delivery, will be asked to provide a shipping address.
Vendors are responsible for all shipping arrangements once the buyer provides the shipping address.
999Creatives does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.
Printing and Shipping
Some of the services on 999Creatives can be printed and physically delivered (Business Cards, Canvas/Poster Prints, T-Shirts, Flyers, Stationery, etc.).
Printing and Shipping Terms & Conditions as well as Pricing can be found here.
Important: Buyers who use the Printing and Shipping Services that require physical delivery, will be asked to provide a shipping address.
Printing and Shipping are powered by ZenPrint(???), who shall be responsible for packing shipping, tracking, quality, and condition of items or their delivery.
Upon completion of a Printing Order, Buyer will receive a confirmation email containing a Printing Order ID as well as the specific details of the Printing Order.
Upon shipping of the Printing Order, Buyer will receive a confirmation email containing the Shipping tracking ID.
Users can contact 999Creatives's customer support department for assistance here.
Disputes and Cancellations
We encourage our buyers and Vendors to try and settle conflicts amongst themselves. If for any reason this fails, users can contact 999Creatives's Customer Support department for assistance here.
Order cancellations (when eligible) can be performed by Customer Support only up to a period of 13 days from order completion date. We will not cancel orders after that time.
In the event of a dispute, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter by working it out with the Vendor or if not possible contact customer support for a resolution.
Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Vendor if the service was rendered as described in the Project page. Buyers may rate their experience with the Vendor on the order page, including the overall level of service quality received.
999Creatives reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
999Creatives does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the buyer's balance as credit and are available for future purchases on 999Creatives. 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 be refunded along with your deposit.
999Creatives enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on 999Creatives reflect the diversity of an expanding Project economy. Members of the 999Creatives community communicate and engage through orders, social media, and on 999Creatives’s Community Forums.
999Creatives maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of 999Creatives. This section relates to the expected conduct users should adhere to while interacting with each other on 999Creatives.
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 999Creatives in order to circumvent or abuse the 999Creatives messaging system or 999Creatives platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
999Creatives does 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.
All information and file exchanges must be performed exclusively on 999Creatives'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.
Adult Services & Pornography - 999Creatives does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on 999Creatives should be friendly, constructive, and professional. 999Creatives 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 - 999Creatives takes the matter & its members’ security seriously. Any attempt to publish or send malicious content with the intention 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.
Intellectual Property Claims - 999Creatives will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use - You may not use 999Creatives 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 999Creatives community will be disabled. Mass account creation may result in disabling of all related accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on 999Creatives. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell 999Creatives accounts.
Users with disabled accounts will not be able to sell or buy on 999Creatives.
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.
Vendors will be able to withdraw their revenues from disabled accounts after a safety period of 45 days, from the day of the last cleared payment received in their account and subject to 999Creatives's approval.
Disputes should be handled using 999Creatives's dispute resolution tools ('Resolution Center' on the order page) or by contacting 999Creatives Customer Support.
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to 999Creatives by our users (Buyers and Vendors) is User Generated Content. 999Creatives 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, 999Creatives is not responsible for the content, quality or the level of service provided by the Vendors. We provide no warranty with respect to the Projects, their delivery, and any communications between buyers and Vendors. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Projects® service offers.
Ownership and limitations: Unless clearly stated otherwise on the Vendors Project 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 Vendor, and the Vendor waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the Indian Copyright Act, 1957 as amended. In the event the delivered work does not meet the requirements of work-for-hire or when Indian Copyright Act does not apply, the Vendor 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 Project 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 Vendor assigns all rights, title and interest in the delivered work. Some Projects (including for custom created work) charge additional payments (through Project Extras) for a Commercial Use License. This means that if you purchase the Project for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Project Extra and will have broader rights that cover your business use.
Vendors further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.
Furthermore, users (both buyers and Vendors) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to 999Creatives, including Project texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by 999Creatives for no consideration for marketing and/or other purposes.
Site and Services Availability
The availability and functionality of the Site and Services depend on various factors, including software, hardware and communication networks that are provided by third parties. These factors are not fault-free. 999Creatives DOES NOT WARRANT THAT THE SITE AND SERVICES WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT THEY WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS OR UNAUTHORIZED ACCESS.
Change or Termination of Operation
At any time, we reserve the right, without notice, to do any of the following: (1) modify, suspend or terminate the operation of or access to the Site, Services and/or Content or any portion thereof, for any reason; (2) modify or change the Site, Services and/or Content or any portion thereof, and any applicable policies or terms related thereto; and (3) interrupt the operation of the Site, Services and/or Content or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
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.
999Creatives DOES NOT GUARANTEE THAT THE SITE, SERVICES OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE, SERVICES AND/OR CONTENT WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE, SERVICES AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE999CREATIVES DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF QUALITY, ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AVAILABILITY, SECURITY OR COMPATABILITY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 999Creatives DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, SERVICES AND/OR CONTENT. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICES, CONTENT AND ANY SITE LINKED THERETO. YOUR SOLE REMEDY AGAINST 999Creatives FOR DISSATISFACTION WITH THE SITE, SERVICES AND/OR CONTENT IS TO STOP USING THE SITE, SERVICES OR ANY SUCH CONTENT.
The above disclaimer applies to any and all damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Limitation on Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL 999CREATIVES BE LIABLE TO YOU FOR ANY AND ALL DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF 999CREATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT; (III) ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OR AVAILABILITY OF THE SITE AND SERVICES; (IV) ANY FAULT OR ERROR MADE BY ANY MEMBER OF 999CREATIVES OR ANYONE ACTING ON THEIR BEHALF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES; (V) ANY COMMUNICATION, INTERACTIONS, DEALINGS OR ENGAGEMENTS MADE OR ATTEMPTED THROUGH THE SITE OR SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE SITE, SERVICES OR CONTENT. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE TO CEASE ANY USE OF THE SITE AND/OR SERVICES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless 999CREATIVES, and its respective officers, directors, employees and agents, licensors, licensees, distributors, agents, representatives and other authorized users, and each of 999CREATIVES’s Affiliates entities’ respective resellers, distributors, service providers and suppliers (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) incurred by the Indemnified Parties in connection with or arising from: (i) your use of the Site, the Services and/or the Content; (ii) your violation of these Terms and/or any Additional Terms; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination of Your Account
We may limit, suspend or terminate your account and/or your ability to access the Site and your use of the Site or any areas of the Site, Service or any Content provided on or through the Site, in our sole discretion, immediately, and/or limit, suspend or terminate any future access, with or without cause for your failure to fully comply with these Terms and/or the applicable Additional Terms. You agree that we shall not be liable to you or any third party for any limitation, suspension or termination of your access to or use of the Site, Services or any Content.
You agree that in the event we discontinue, terminate or suspend your account, you shall not attempt to re-register with or access the Site or Services through use of a different user name or otherwise.
You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to 999CREATIVES, for which monetary damages would be inadequate, and you consent to 999CREATIVES obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
If any member of 999CREATIVES does take any legal action against you as a result of your violation of these Terms, such member will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to such member of 999CREATIVES. You agree that we will not be liable to you or to any third party for termination of your access to the Site or the Services as a result of any violation of these Terms.
Governing Law, Jurisdiction
The following sections shall survive the termination or expiration of these Terms: Proprietary Rights of 999CREATIVES, User Submissions, Requests to Remove Content, Privacy, Disclaimer of Warranty, Limitation of Liability, Indemnification, and Governing Law & Jurisdiction.