1. Acceptance of Terms
This website is operated by Cincera Productions Ltd (trading as ‘creative bubble’). Throughout the site, the terms “we”, “us” and “our” refer to creative bubble.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
This Site is controlled and operated by us from our offices within the UK. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the UK are responsible for compliance with all applicable laws.
Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
3. User Representation
3.1. By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You must be at least age 18 to access this Site
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorised purposes.
3.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. Online Service Terms
4.1. Subject to your compliance with the Terms of Service, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.
4.2. You may only access and use the Services in accordance with the terms of the Service. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorise to use your account. You agree to provide any other information that we reasonably request.
4.3. We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated this Terms of Service; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purpose.
4.4. Subject to your continued compliance with this Terms of Service, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than in accordance with the Terms of Service and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
5. Use of the Services
5.1. You may use the Services for any number of tasks and scope that you have subscribed for under the applicable plan and as are appropriate based on the size of your account. While we accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines, but we suggest you do not use our Services for time-sensitive projects.
5.2. We do our best to minimize any mistakes. However, due to the nature of creative design, we cannot guarantee all files delivered will be 100% error-free. When we deliver a file to you, you agree to review and proof all files for any errors or omissions and notify us if any changes or corrections are needed within seven (7) days of receipt. We will do our best to rush edits to correct any mistakes that you notify us about during this time period. If you notify us of any errors after that time period, we are not required to but intend to try to work with you to make corrections.
5.3. The speed of your account is determined by your subscription plan type. A subscription is a measurement of output and represents what we can accomplish in a business day, with our team, our software, and our content creation platform. What we can create with a single subscription depends on many factors, including, but not limited to: (i) the type of plan; (ii) the volume of requests; (iii) and the complexity of requests. We do not guarantee the amount of work that we can create with a single subscription. To increase the volume of work we can complete within a business day, we suggest you add subscriptions to your account.
5.4. You are the owner and/or controller of all of your information, data or materials that you provide to us to use the Services (“Customer Content”). You grant creative bubble a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote creative bubble.
5.5. Any text, documents, PDF, images, videos, files you upload to our server or submitted through email are considered “Your Content”. All materials and content submitted to us when creating your design request or projects remain your property. You are held 100% liable for all content submitted and their use in completed design. We do not provide any copyrights, trademarks, or licenses research when using your content. What you provide, shall we use as-is and you are held liable for the published work creative bubble submits back to you.
5.6. By posting Your Content through our portal or submitting them via Email, you grant us a limited, non-exclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with the Services for the purpose of marketing and advertising (the “Portfolio Rights License”). You may revoke the Portfolio Rights License at any time by sending written notice to firstname.lastname@example.org. If you revoke the Portfolio Rights License, we will stop using your deliverables for marketing and advertising purposes, however, your deliverables may continue to exist elsewhere online such as where the deliverables have been used by others in accordance with the Portfolio Rights License.
5.7. creative bubble does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without notice and liability for any reason.
6. Use of Stock Services
6.1. “Licensed Content” means content that we own or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to your graphic design project, the Licensed Content incorporated in your content creation task is subject to the license described below. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
6.2. To the extent that we license Licensed Content from any third party, you agree to comply with the relevant third-party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from a design deliverable prepared by us or as part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or other unlawful manner; (vi) use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.(vii) use Licensed Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
6.3. Our licensors and we retain ownership over Licensed Content licensed from them, and incorporated into your deliverable. We reserve the right to terminate, revoke, or withdraw all licenses upon your failure to comply with any provisions of this Agreement. In the event of any termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content that we have included in your design deliverable.
6.4. Any subscription/s to stock photography or media is/are under a specific use licence. Managed stock photography or assets are licensed to be used in the specific graphic files created by creative bubble from a client request. Individual photos or assets will not be provided.
7. Intellectual Property Rights
7.1. Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the UK foreign jurisdictions, and international conventions. No materials may be copied, distributed, republished, downloaded, reproduced, shared, posted, or transmitted in any method unless fully authorised by an authorised ‘creative bubble’ representative.
7.2. ‘creative bubble’ may grant permission to your organisation to use materials on this Site at its discretion. Materials given permission to use may not be modified in any way, be used for commercial purposes, be decompiled or reverse engineered, remove copyright/proprietary notations, or transferred to another person to “mirror” or “duplicate” on any other server.
8. Fees and refunds
8.1. Use of our Services requires payment of recurring fees. Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time. You agree that, upon registering for the Services, you authorise us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly). We reserve the right to terminate your account in the event of non-payment of amounts owed to us. You represent and warrant to creative bubble that such billing information is accurate, up to date, and that you’re authorised to make the payment.
8.2. We hope you are pleased with our Services. If for whatever reason, you are not, you may cancel your subscription with us at any time by emailing email@example.com, with a 1 month notice period. Upon cancellation, you will continue to have access to the Services and your design files through the end of your current paid billing term. Once the billing term has ended after cancellation, you will no longer have access to the Services and may lose access to your design files through the Site.
8.3. It is the sole responsibility of those who sign up for a creative bubble subscription to cancel the service, ahead of their billing date, if they do not intend to use the service during a subscription period. Refunds will not be granted due to inactivity, or if you have forgotten to cancel your subscription prior to your billing date.
8.4. It’s our goal to provide a quality service for our customers and ensure that you have a good experience with creative bubble. The purpose of our 7-day free trial is to ensure prospective customers have the opportunity to test creative bubble out risk-free. These are the requirements to qualify for the refund policy.
- Must accept a call from an Account Manager to help walk you through creative bubble and show you our features.
- Must submit at least 1 request
- Must give feedback and allow our creatives at least 2 revisions to get it right.
Eligibility for refunds may not be applicable if you approve any project, you have past the 7-day refund policy or you have requested source files.
We have these policies in place both to protect the integrity of our service and safeguard from abuse. If you have any further questions please feel free to email us at firstname.lastname@example.org.
9. Confidential Information
9.1. For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details and specifications, and marketing plans.
9.2. During the course of our relationship, you may disclose to us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representative and agents who are involved in providing Services to you. We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representative and agents.
9.3. Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement; (b) information that was already in the rightful possession of a party at the time of disclosure; (c) information that is independently developed by a party without breaching this Agreement; or (d) information that becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of this Agreement.
9.4. The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.
10. Third Party Links
10.1. Certain content, products and services available via our service may include materials from third-parties.
10.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
10.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
11.1. This Agreement will expire and terminate upon the expiration or termination of your account or subscription to a Service. All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
11.2. We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.
12. Disclaimer of warranties
12.1. The site is provided on an as-is and as-available basis. You agree that your use of the site and our service will be at your full risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12.2. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:
- Errors, mistakes, or inaccuracies of content materials
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site.
- Any unauthorized access or use of our secure servers and/or financial information stored therein.
- Any interruption or cessation of transmission to or from the site.
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
- Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
12.3 We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising.
13. Liability Waiver
13.1. We will not be responsible for any loss profits, revenues, data, financial losses or indirect, special, consequential, exemplary, or punitive damages arising out of the use or inability to use this site. To the extent permitted by law, our total liability, for any claims under these terms, including for any implied or expressed warranties, shall not exceed £50, regardless of the cause of action, in tort, contract, or otherwise. This paragraph does not affect any liability that cannot be excluded or limited under applicable law.
14.1. You agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses including without limitation, reasonable legal fees and costs arising out of or in any way connected to customer content or use of the services or any deliverables. You shall cooperate as required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without prior written consent.
15.1. This Agreement and the rights and obligations herein are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.
16.1. If any one or more of the provisions of this Agreement are for any reason held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement will be unimpaired and will remain in full force and effect, and the invalid, illegal or unenforceable provision(s) will be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision(s).
17.1. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not waive such term or condition or any subsequent breach.
18. Force Majeure
18.1. If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to pandemic or wide spread out break of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third party services, and hostile network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
19. Entire Agreement
19.1. If you have executed a separate agreement with us applicable to your access to and use of this Site or our Services, then the terms and conditions of that agreement prevail to the extent of any conflict with this Agreement. In all other cases, this Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior communications and proposals.
20. Contact information
20.1. Questions about the Terms of Service should be sent to us at email@example.com