Terms of Use

Welcome to the Agile Ramen LLC ("creatabu.com") web site and online services (collectively, the "Site"). The site allows you to share your creations anonymously with others from Creatabu.com. ("Creatabu," "we," "us" or "our")

These Terms of Service create a legal contract between Creatabu.com and you (" You "). Visitors and users of the Site are referred to individually as a " User " and collectively as "Users."

Outline:

1. Your Acceptance

2. Service

3. Creatabu Accounts

4. General Use of the Service-Permissions and Restrictions

5. Your Use of Content

6. Your Content and Conduct

7. Security

8. Feedback

9. Consent to Electronic Communication

10. Account Termination Policy

11. Digital Millennium Copyright Act

12. Governing Law & Arbitration

13. Warranty Disclaimer

14. Limitation of Liability

15. Indemnity

16. Ability to Accept Terms of Use

17. Assignment

18. General

1. Your Acceptance

§ A. By using or visiting the Creatabu website or any Creatabu products and services provided to you on, from, or through the Creatabu website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Use"), and (2) Creatabu's Privacy Policy, found at Privacy Policy and incorporated herein by reference. If you do not agree to any of these terms, the Creatabu Privacy Policy, or the Community Guidelines, please do not use the Service.

§ B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. Creatabu may, in its sole discretion, modify or revise these Terms of Use and policies at any time, e.g., when a new feature is released, we may need to change these terms accordingly, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. Service

§ A. These Terms of Use apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Creatabu, including but not limited to all products, software and services offered via the Creatabu website.

§ B. The Service may contain links to third party websites that are not owned or controlled by Creatabu. Creatabu has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Creatabu will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly release Creatabu from any and all liability arising from your use of any third-party website.

§ C. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of all other websites that you visit.

3. Creatabu Accounts

§ A. In order to access some features of the Service, you may have to create a Creatabu account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Creatabu immediately of any breach of security or unauthorized use of your account.

§ B. Although Creatabu will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Creatabu or others due to such unauthorized use.

4. General Use of the Service-Permissions and Restrictions

Creatabu hereby grants you permission to access and use the Service as set forth in these Terms of Use, provided that:

§ A. You agree not to distribute in any medium any part of the Service or the Content without Creatabu's prior written authorization, unless Creatabu makes available the means for such distribution through functionality offered by the Service.

§ B. You agree not to alter or modify any part of the Content or Service.

§ C. You agree not to access Content through any technology or means other than those offered on the pages of the Service itself, or other explicitly authorized means Creatabu may designate.

§ D. You agree not to use the Service for any of the following commercial uses unless you obtain Creatabu's prior written approval:

§ The sale of access to the Service;

§ The sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or

§ The sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Creatabu appears on the same page and is of sufficient value to be the basis for such sales.

§ E. Prohibited commercial uses do not include [these things are ok]:

§ Uploading an original content such as image, text, audio, and video to Creatabu, or maintaining an original channel on Creatabu, to promote your business or artistic enterprise;

§ Showing Creatabu videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or

§ Any use that Creatabu expressly authorizes you to use in writing.

(For more information about what constitutes a prohibited commercial use, see our FAQ.)

§ F. You agree not to use or launch any automated system, including without limitation, any data mining, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Creatabu servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Creatabu grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Creatabu reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content. You agree not to reverse engineer or access to the Service in order to build a competitive product or service, or using the Service other than for its intended purposes. Should you do any of this, we may terminate your use of the Service, and you may have infringed the copyright and other rights of Creatabu, which may subject you to prosecution and damages.

§ G. In your use of the Service, you will comply with all applicable laws and regulations, and not to violate the rights of any third party or any contracts or agreements that you have made or that you are bound by in connection with your use of the Service.

§ H. All information, materials and content of the Service including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, logos, artwork, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is, between you and Creatabu, owned by Creatabu or is used with permission.

§ I. Creatabu reserves the right to discontinue any aspect of the Service at any time at its sole discretion.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

§ A. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Creatabu, subject to copyright and other intellectual property rights under the law.

§ B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Use. You shall not download any Content unless you see a "download" or similar link displayed by Creatabu on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes beyond usage of tools that the Service provides to facilitate actions similar to these or without the prior written consent of Creatabu or the respective licensors of the Content. Creatabu and its licensors reserve all rights not expressly granted in and to the Service and the Content.

§ C. You grant Creatabu and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Creatabu solely for the purposes of operating, developing, providing, and using the Creatabu Products. Nothing in these Terms shall restrict other legal rights Creatabu may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

§ Following termination or deactivation of your account, or if you remove any User Content from Creatabu, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Creatabu and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Creatabu.

§ You Agree not to use content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party; and viruses, corrupted data or other harmful, disruptive or destructive files or code.

§ D. You agree not to use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service.

§ E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

§ F. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Creatabu is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Creatabu with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Creatabu, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct

§ A. As a Creatabu account holder you may submit Content to the Service, including, but not limited to, image, graphics, photographs, artwork, audio, videos and user comments. You understand that Creatabu does not guarantee any confidentiality or any waiver of any liability for you with respect to any Content you submit.

§ B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.

§ C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Creatabu, you hereby grant Creatabu a worldwide, non-exclusive, royalty-free, (that can be sub-licensed by Creatabu) a transferable license to use, reproduce, distribute, prepare derivative works of, display, exhibit and perform the Content in connection with the Service and Creatabu's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media or other distribution channels, even if those channels have yet to be developed. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Use.

§ D. The above licenses granted by you in any Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Posts from the Service. However, Creatabu does not warrant or represent not does it have any obligation to prevent third parties from making use of your Content once it has been removed or deleted from the Service. You understand and agree, however, that Creatabu may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

§ E. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Creatabu all of the license rights granted herein.

§ F. You further agree that you will not submit to the Service any Content or other material that is contrary to the Creatabu Community Guidelines, set forth above, which may be updated from time to time, or which is contrary to applicable local, national, and international laws and regulations.

§ G. Creatabu does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Creatabu expressly disclaims any and all liability in connection with Content. Creatabu does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Creatabu will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Creatabu reserves the right to remove Content without prior notice.

7. Security

We care about the safety and security of our users. While we work to protect the security of your content and account, Creatabu cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromised or unauthorized use of your account.

8. Feedback

We value your feedback and are always interested in making Creatabu a better place for you. Any suggestions, comments or other feedback provided by you to us with respect to the Service will constitute confidential information. You agree that we are free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. By accepting your submission, Creatabu does not waive any rights to use similar or related Feedback previously known to Creatabu, or developed by its employees, or obtained from sources other than you.

9. Consent to Electronic Communication

By using the Service you agree that we may communicate with you electronically regarding administrative, security and other issues relating to your use of the Service. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. To withdraw your consent from receiving electronic communication, please notify us at [email protected]

10. Account Termination Policy

§ A. Creatabu will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

§ B. Creatabu reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Creatabu may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Use.

§ C. If Creatabu believes Content you have placed on the Service violates these Terms, Creatabu may make that Content invisible to other users without notifying you. Your Post will be visible to you, but will not appear for any other Creatabu user.

§ D. Creatabu will track and monitor through various human and technological means, your behavior on the Service. If the behavior does not align with our Community Guidelines, then Creatabu reserves the right to delete, modify, hide, block, or otherwise disable your account.

11. Digital Millennium Copyright Act

§ A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

§ § A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

§ § Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

§ § Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

§ § Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

§ § A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

§ § A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Creatabu's designated Copyright Agent to receive notifications of claimed infringement is Michelle Katz, General Counsel c/o 4570 Van Nuys Blvd. #568, Sherman Oaks, CA 91403. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Creatabu customer service [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

§ B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:

§ § Your physical or electronic signature;

§ § Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;

§ § A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

§ § Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Creatabu may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Creatabu's sole discretion.

12. Governing Law & Arbitration

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CREATABU AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CREATABU.

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Creatabu agree to consult and negotiate with each other and, recognizing your mutual interests, attempt to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Los Angeles, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first attempting mediation, except that you and Creatabu are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, processes, or patents. Whether the dispute is heard in arbitration or in court, you and Creatabu will not commence against the other a class action, class arbitration or other representative action or proceeding.

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Los Angeles, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding upon the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

13. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CREATABU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. CREATABU MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (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 OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. CREATABU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CREATABU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. Limitation of Liability

IN NO EVENT SHALL CREATABU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (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 OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CREATABU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Creatabu from its facilities in the United States of America. Creatabu makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Creatabu, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

16. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

17. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Creatabu without restriction.

18. General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Creatabu, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Creatabu that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Use, together with the Privacy Notice at http://www.creatabu.com/pages/privacy and any other legal notices published by Creatabu on the Service, shall constitute the entire agreement between you and Creatabu concerning the Service. If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Creatabu's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Creatabu reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND CREATABU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.