TERMS AND CONDITIONS


Effective Date January 1, 2021

Pro Media Fire (“Pro Media Fire,” “We,” “Us,” “Our”) provides various business services, products, and goods through this Website (the “Service” also known as “Creativo”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of the Pro Media Fire Privacy Policy. If you do not agree to these terms please do not proceed with purchase, INDEED, BY PURCHASING OUR SERVICES YOU AGREE TO BE BOUND BY THE TERMS SET FORTH IN THESE CREATIVO TERMS AND CONDITIONS AS OUTLINED BELOW.  

Please read these notice, terms, and conditions (“Terms”) carefully before using Our Service.

BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:

a) HAVE READ THESE TERMS,

b) UNDERSTAND THESE TERMS, AND

c) ACCEPT AND AGREE TO BE BOUND BY THEM.

 

You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.

You agree that you are accessing the Services on Our Website for business purposes. If you are using the Service on behalf of an organization (business, nonprofit, or church), You are agreeing to these Terms for yourself and for that organization employed or retained by you and are confirming now to Pro Media Fire that you have the authority to bind said organization to Our Service’s Terms of Service (in which event, “You” and “Your” will refer to you and to that organization).

If You do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time You are not willing to be bound by these Terms, You should:

a) click the “I do not accept” or similar button,

b) terminate any download and/or installation process,

c) immediately cease and refrain from accessing or using the program or services, and

d) delete any copies You may have.

 

FAILURE TO FOLLOW THESE TERMS WILL SUBJECT YOU TO LEGAL ACTION.

SITE CONTENT

1.    License. Subject to these Terms, Pro Media Fire grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your and your organization’s use. Unauthorized access to or use of the Site or the Content is a breach of these Terms and may be a violation of law.

2.    Site Content. Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by You without the prior written consent of Pro Media Fire. The Site and the Content found therein are the property of Pro Media Fire, its licensees and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that Pro Media Fire or its clients, business partners, licensees or licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times.


OUR PRODUCTS

  1. We deliver our Products through our web and mobile applications (each, an “Application,” and collectively, “Applications”) available at www.creativo.com and app.creativo.com (each, a “Site”). The features and services available to you will be based on our standard or expanded subscription plan (“Plan”). The details of your Plan will be provided on the Website, the details of your Plan will be set forth on the “Billing” page within the Application. The Products specifically exclude any third-party database or Third-Party Services (as defined in Section 5).
  2. We reserve the right to modify features, functionality and sales taxes of our Products at any time and at our sole discretion. We will determine, at our discretion, whether any new features require additional fees and/or taxes. We may decide to add new features to the Products and make them generally available at no cost or at an additional cost to Customers. We may or may not provide notice to you of changes to the Products. We will not be liable to you or to any third party for any modifications, price increases, or discontinuations of our Products. We may or may not provide notice to you of changes to the Products
  3. Any additional product add-ons you add to an existing Plan (the “Add-Ons”) during your subscription term shall be subject to these Terms. Any time-and-materials services provided to you, such as website migration services or onboarding support (the “Professional Services”) shall also be subject to these Terms.

REGISTERING USERS ON OUR APPLICATION

1.    Except as set forth in Section 10 (Agencies), you agree that you will only access our Products SOLELY for the business purposes of you or your organization and subject to these Terms. After any free trial of our Products, you will be required to register for our service and pay a subscription fee for the use of our Products. You must pay such subscription fees on the first day of your subscription term unless otherwise specified on your service order.

2.    If you, as a Customer, add any Users (maximum two) to your account, you are binding each of the Users and all designated organizations, if any, to these Terms. You are responsible for all information, data, content, messages or other materials that you or your Users post or otherwise transmit via the Application (collectively, “Content”). You acknowledge and agree that a login may only be used by one (1) person, and that you will not share a single login among multiple people. You are responsible for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under or in connection with your login(s) or account(s). Except for as provided in Section 10 (Agencies), you agree that you will not trade, transfer, or sell access to your login or account to another party unless otherwise agreed to in writing by Pro MediaFire.

3.    As a User, you represent and warrant that you are: (i) 18 years or older, (ii) not prohibited or restricted from having a Creativo account, and (iii) not a competitor of or using the Products for purposes that are competitive with Creativo.

4.    You agree to use reasonable efforts to prevent unauthorized use of the Products and notify us immediately if you discover any unauthorized use through your account. You will take all necessary steps to terminate the unauthorized use and agree to cooperate with us in preventing or terminating such unauthorized use of the Products.

AVAILABILITY OF SERVICE

1.    While we will use commercially reasonable efforts to keep our Product available and accessible, the Product may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third-Party Services (as defined in Section 5) or any related application programming interface (“APIs”) and integrations. Interruptions of our Product shall not serve as a basis to terminate your subscription or demand any full or partial refunds or credits of prepaid and unused subscription fees.

OUR USE OF THIRD-PARTY INTEGRATIONS AND SERVICES

1.    Our Applications may contain links to or allow you to connect and use certain external third-party products, services, or software in conjunction with your use of our Application and Products (“Third Party Services,” and each, a “Third Party Service”), including certain social media networks and other integration partners. To take advantage of these features, you may be required to sign up or log into such Third-Party Service on their respective websites or applications. By enabling the Application to access such Third-Party Service, you are permitting Creativo to pass on your login information to the Third-Party Service and granting the Third-Party Service permission to access or otherwise process your data. You acknowledge that your use of such Third-Party Service is governed solely by the terms and conditions and privacy policy of such Third Party Service (including, but not limited to, the Facebook Terms of Service located at www.facebook.com/terms and the Instagram Terms of Service located at www.instagram.com/terms), and that Creativo does not endorse, is not liable for, and makes no representations as to the Third-Party Service, its content, or the manner in which such Third-Party Service uses, stores, or processes your data. We are not liable for any damage or loss arising from or in connection with your enablement of such Third-Party Service and your reliance on the policies, privacy practices, and data security processes of such Third-Party Service. We are not responsible or liable for any changes to or deletion of your data by the Third-Party Service. Certain features of our Products may depend on the availability of these Third-Party Services and the features and functionality they make available to us. We do not control

2.    Third-Party Service features and functionality, and they may change without any notice to us. If any Third-Party Service stops providing access to some or all of the features or functionality currently or historically available to us, or stops providing access to such features and functionality on reasonable terms, as determined by us in our sole discretion, we may stop providing access to certain features and functionality of our Products. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the Third-Party Service or any resulting change to our Products. You irrevocably waive any claim against Creativo with respect to such Third-Party Services. Similarly, we do not guarantee any use of Our Services will not result in blocking of your post by third parties on social media.


ACCOUNTS

As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.

The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio, video, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the Content on this Website, or any part of such Content, or share your rights under these Terms to and with others.

You agree that You will not provide false information to Us in generating Your account. Specifically, you agree that you will not

(i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or

(ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.

Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.

***Only authorized users, EACH WITH THEIR OWN LOG-IN ACCOUNTS -who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third-party, or use the Content, or any license key, to teach any third-party any portion of the Services or for any purpose other than exercising rights expressly granted to You by these Terms.

You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.

You are responsible for all usage or activity on Your account on this Website, Mobile Application and related Social Media, including use of the account by any third-party authorized by you to use your login credentials.

All monthly plans will be billed on the day of the month as your first payment. Monthly plan is active while account is paid in full. After 5 business days of account delinquency without prior notification, your services will be placed on hold. After 10 business days of account delinquency your account will be canceled, and you will lose any discounts and have to pay current monthly plan price as listed online.  

Termination POLICY

We can elect to terminate the Services at Our discretion with 10 business days notice without any liability for any reasons whatsoever, including without limitation, if You breach these Terms. If you have paid for an annual subscription we will refund half of your remaining term on a prorated basis. You may terminate any account You have established by written notice to Us via email or by signing into Our Website and initiating cancellation. Please be aware that cancellations initiated on your end do not qualify you for a refund. While Pro MediaFire will consider the refund request, it will be under no obligation to provide a refund. Your termination notice must include client information, effective date of termination request and signature of authorized personnel.  

NO WARRANTIES

By accepting these Terms, you agree and understand that We provide templated graphic, web, social and video services and guarantee no results. You acknowledge that We make no promise or representation including but not limited that You will have a certain number of visitors, or any increase financially, or that you will not lose money, as a result of using these Services.

Any results on Our Website or Our related Social Media are based on actual individual results of Our clients and/or estimates as may be stated. There is no guarantee that You will make these levels for yourself. As with any business, Your results will vary and will be based on Your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience.

There are unknown risks in any business or nonprofit organization, particularly with the Internet where advances and changes can happen quickly. The use of Our information, products and services should be based on Your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.

In accepting these Terms, you acknowledge that You take full responsibility for Your own success.

CONFIDENTIALITY

During the term of this Agreement and for a period of three years thereafter, neither party will disclose confidential information to others without the prior written consent of the other, unless that information (i) can be shown by contemporaneous documentation to have been in possession prior to the disclosure; (ii) at the time of the disclosure is, or thereafter becomes part of the public domain; or (iii) is furnished by a third party after the time of the disclosure without the breach of any duty.

This Agreement is limited in respect to the services described above in that:

(a)  We shall not be responsible for the loss of data for any reason;

(b) We shall not be responsible for the accuracy of the data the Website employs or provides;

(c)  We shall not be responsible for the operation of hardware, networking, third-party software or peripheral devices;

(d) We shall not be responsible for liability arising from the use of the Website, Mobile Application, its function, guidance, data, availability or lack thereof;

(e)  You assume the responsibility to assure Your use of the Website and Mobile Application is in accordance with state and federal law and government regulation of all types;

(f)  Direct access to the data for the purposes of querying, exporting, etc. from any party other than Our personnel or parties duly authorized by Us shall void any warranty and/or responsibility, expressed or implied, of Ours to support You. Support issues that arise, in the opinion of Us, as a result of unauthorized access shall result in You being billed for additional services.

(g) We reserve the right to invoice You for support that is a result of data loss for Website issues or corruption caused by the actions of employees or agents of Yours.

INDEMNIFICATION

The contents of the Services, including the Website, Mobile Application, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Creativo, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.

At our reduced rates in this agreement, you understand the rights are shared on the content created by Creativo for You. We have the right to use all content at Our discretion. For example: we can use the content on our website and social media as a reference to Our work.

You are responsible to pay for all copyright and royalty rights to any video, image, or music provided to Creativo for content creation. You agree that Pro Media Fire is not responsible for legal or financial liabilities that arise from any video, image, or music provided to Pro Media Fire for any project completed for You.

In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT CREATED FOR YOU AND ALL DOWNLOADABLE FILES FROM PRO MEDIA FIRE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

You agree to defend, indemnify and hold harmless Creativo, its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) Your breach of these Terms or any applicable laws or regulations, (b) Your access to or use of the Site, Mobile Application and/or the Content, (c) Your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) Your tortious acts including, without limitation, defamation, and/or (e) any claims You may raise against third parties relating to third party products or services. We reserve the right to assume, at Our expense, the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with our defense of such claims. If We assume such defense, We will be responsible solely for Our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be Your sole responsibility. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.You also agree to carry advertising injury and/or other comparable general liability insurance coverage covering your action in use of Our Services as outlined herein and that we will be covered by your policy.

CONSENT TO USE INFORMATION

By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of using Creativo, for the following purposes:

(i) the processing of this monthly plan application; and

(ii) the administration of the monthly plan with our organization

(iii) the marketing of Our Services

Please visit the Privacy Policy below for further details on our data protection policy, including how You may access and correct Your personal information or withdraw consent to the collection, use or disclosure of Your personal information.

Additionally, when You communicate with Us, send Us information, or provide Content to Us, you grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.

SOCIAL MOBILE APP

1.    Subscribe acknowledges that this Agreement is between Subscriber and Creativo only, and not with Apple, Inc. (“Apple”).

2.    Subscriber’s use of the iOS App must comply with Apple’s then-current App Store Terms of Service.

3.    Creativo and not Apple, is solely responsible for the iOS App and the Services and content available thereon. Subscriber acknowledges that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.

4.    Subscriber agrees that Creativo, and not Apple, is responsible for addressing any claims by Subscriber or any third-party relating to the iOS App or Subscriber’s possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by this Agreement and any law applicable to us as provider of the iOS App.

5.    Subscriber agrees that Creativo, and not Apple, shall be responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or Subscriber possession and use of the iOS App.

6.    Subscriber represents and warrants that (i) Subscriber is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) Subscriber is not listed on any U.S. Government list of prohibited or restricted parties.

7.    Subscriber agrees to comply with all applicable third-party terms of agreement when using the iOS App (e.g., the user of the iOS App must not be in violation of its wireless data service terms of agreement when using the iOS App).

8.    Subscriber agrees that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to the license of the iOS App. Upon Subscriber’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against Subscriber as they relate to the license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that Creativo provides for use on an Android-powered mobile device (an “Android App”):

1.    Subscriber acknowledges that this Agreement is between Subscriber and Creativo only, and not with Google, Inc. (“Google”).

2.    Subscriber’s use of the Android App must comply with Google’s then-current Android Market Terms of Service.

3.    Google is only a provider of the Android Market where Subscriber obtained the Android App. Creativo, and not Google, is solely responsible for the Android App and the Services and content available thereon. Google has no obligation or liability to Subscriber with respect to the Android App or this Agreement.

4.    Subscriber acknowledges and agrees that Google is a third-party beneficiary to this Agreement as it relates to the Android App.


These provisions regarding application platforms will apply to any other new platforms in addition to Apple and Google of which we may choose to make use in the future.

MISCELLANEOUS

These Terms are the entire agreement of the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous oral or written negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof. It may be amended only by an agreement in writing, signed by both parties.

Any notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given upon confirmation of receipt by the party to receive such notice, of an email sent to the designated e-mail address of such party.

We reserve the right to modify, terminate, or otherwise amend Services available via this Website, Mobile Application and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.

Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

CHOICE OF LAW, JURISDICTION and VENUE: These Terms in all respects shall be governed by and construed according to the laws of the State of Oklahoma. This Agreement is entered into in state of Oklahoma. You agree and consent to the exclusive jurisdiction and venue of the state of Oklahoma for any dispute arising from or related to this Agreement.  

Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.