Terms of Service

Welcome to ukreate. The ukreate Application (the “Application”), operated by ukreate LLC, a Limited Liability Company formed in New Jersey, United States ("us," "we," "our"), provides services (“Services”) to those who use, visit, or access the Application. By using the Application’s Services, you agree and are bound, on behalf of yourself and all members of your household and others who use any Service under your account, to the following terms. Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the ukreate Application or any of its Services as it contains important information regarding limitations of our liability. If you disagree with any part of the Terms, then you may not use, visit, or access the Application or any of its services.

Privacy and Third Party Links

Please review our Privacy Policy, which also governs your use of the Services of the Application, to understand our practices.

This Application may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that the links you click on or software that you download, whether from this Application or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Electronic Communications

When you use the Application’s Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Service of the Application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the sole property of ukreate, LLC, and protected by United States and international copyright laws. The compilation of content included in or made available through any Service of the Application is the exclusive property of ukreate LLC, and protected by United States and international copyright laws.

Trademarks

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Application’s Services are trademarks or trade dress of ukreate LLC, in the United States and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparage or discredits us. All other trademarks not owned by us that appear in any of the Application’s Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

License and Access

Subject to your compliance with the Terms of Service, and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and make personal and non-commercial use of the Application’s Services. This license does not include any resale or commercial use of any of the Application’s Services, or its contents. All rights not expressly granted to you in this Terms of Service are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Service, nor any part of any Service, of the Application may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ukreate LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, texts, page layout, or form) of the Application without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Application’s name or trademarks without the express written consent of ukreate LLC. You may not misuse the Application’s Services. You may use the Application’s services only as permitted by law. The licenses granted by the Application terminate if you do not comply with the Terms of Service.

Accounts

You may need your own account to use certain Services of the Application, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. When you create an account, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account of the Application. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password, whether your password is with our Application or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to refuse service, terminate accounts, terminate your rights to use the Application’s Services, remove or edit content, or cancel orders anytime and at our sole discretion. You can terminate your account by contacting us or through your account on the Application.

Comments, Communications, and Other Content

You may post comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content. The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Application:

• Content that harrasses others;

• Content that is discriminatory or offensive;

• Swearing, name calling and otherwise abusive content;

• Pornographic and sexually explicit content;

• Content displaying, depicting or suggesting violence;

• Content that exploits or abuses children;

• Content encouraging or committing illegal acts;

• Content sharing personal information without consent;

• Content infringing on someone’s rights, including intellectual property rights; and

• Content advertising products or services without our permission.

If you do post content or submit material, and unless we indicate otherwise, you grant us a worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose. When you make a comment or upload any content onto this Application, you agree that such comment or content may be viewed by other parties, and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by your or any third party.

Prohibited Uses

You agree that you will use this Application in accordance with all applicable laws, rules, regulations and the Terms at all times. The following is a non-exhaustive list of prohibited uses of the Application and any of the Application’s Services. You agree that you will not perform any prohibited uses including but not limited to:

• Impersonating or attempting to impersonate Next Point Ventures, LLC or its employees, representatives, subsidiaries or divisions;

• Misrepresenting your identity or affiliation with any person or entity;

• Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;

• Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Application, or which, as determined in our sole discretion, may harm us or the users of this Application or expose us or other users to liability;

• Using the Application in any manner that could disable, overburden, damage or impair the Application or interfere with another party’s use of the Application;

• Using any robot, spider or other similar automatic technology, process or means to access or use the Application for any purpose, including monitoring or copying any of the material on this Application;

• Using any manual process or means to monitor or copy any of the material on this Application or for any other unauthorized purpose;

• Using any device, software, means or routine that interferes with the proper working of the Application, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;

• Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Application, the server(s) on which the Application is stored, or any server, computer or database connected to the Application;

• Attempting to attack or attacking the Application via a denial-of-service attack or a distributed denial-of-service attack;

• Otherwise attempting to interfere with the proper working of the Application; and

• Using the Application in any way that violates any applicable federal, state or local laws or rules.

Intellectual Property Complaints

We respect the intellectual property of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright, trademark or other intellectual property rights of any person or entity. If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Application. You may submit your claim by contacting Marc Snyderman of ukreate, llc at: msnyderman@npointventures.com or 856.600.2347. You may submit written claims of copyright infringement at:

Marc Snyderman

403 Route 70 East, Suite 203

Cherry Hill, NJ 08034

United States

Risk of Loss

All purchases of physical items from the Application are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds, and Title

We do not offer refunds for any services or purchases made on the Application or through any of the Application’s Services.

Pricing

You may purchase items or services through the Application or the Application’s Services. The price of these items or services (the “List Price”) is the suggested retail price. All List Prices can be found listed on the Application. List Prices include all applicable taxes and other fees.

With respect to items sold by the Application, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of items may be mispriced. If the correct price of an item sold by the Application is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your payment method until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

Purchases

When you make a purchase on the Application, you will be using a third-party payment processor, Stripe or PayPal, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe or PayPal. The following payment method(s) are accepted by the third-party payment processor: American Express, bank transfer, Discover, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct and complete.

You may not use any of the Application’ Services if you are subject to United States sanctions or of sanctions consistent with United States law imposed by the governments of the country where you are using the Application’s Services. You must comply with all United States or other export and re-export restrictions that may apply to goods, software (including the Application’s software), technology, and services.

We may ask you to provide an advance payment on any purchase made of the services offered on our Application. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services. We will issue you a refund of the advance payment that you made if we cancel the order. We will issue you a refund of the advance payment that you made if you cancel the order.

Cancellation Policy

We offer cancellations on purchases made of the offers of the Application or the Application’s Services. We offer cancellations only prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full List Price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, in our sole discretion, including but not limited to: fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on canceling your purchase. We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Disclaimer of Warranties, Damages, and Limitation of Liability

THE APPLICATION’S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION’S SERVICES ARE PROVIDED BY THE APPLICATION ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION’S SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION’S SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION’S SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WE DO NOT WARRANT THAT THE APPLICATION’S SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APPLICATION’S SERVICES, APPLICATION’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF THE APPLICATION’S SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE APPLICATION’S SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS APPLICATION, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS APPLICATION, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF UKREATE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF NEXT POINT VENTURES, LLC. THE AGGREGATE LIABILITY OF NEXT POINT VENTURES, LLC. ARISING OUT OF OR RELATING TO THIS APPLICATION, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY NEXT POINT VENTURES, LLC BY YOU.

Remedies

You agree that the remedy for breach of the Terms of Service as it relates to your purchase shall be, if you are unhappy with our service, you can terminate and receive a refund. You also agree that the remedy for breach of the Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “Dispute Resolution, Venue, and Class Action Waiver, Applicable Law, and Severability” sections below. These remedies intend to be your sole and exclusive remedies for any breach of the Terms of Service as it relates to your purchase.

Dispute Resolution, Venue, and Class Action Waiver

THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS. These Terms constitute the entire agreement between you and us regarding our Application and supersede and replace any prior agreements we might have had with you regarding the Application. Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Camden County, New Jersey. YOU AND UKREATE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

Applicable Law

By using any of the Application’s Services, you agree that the applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.

Severability

Our failure to enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of the Terms.

Availability, Errors and Inaccuracies

We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on the Application. We may experience delays in updating information on the Application and in our advertising on other websites. The information, products and services found on the Application may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Application. The inclusion or offering of any product or service on this Application does not constitute an endorsement or recommendation of such product or service by us.

Changes to Terms of Service

We may amend or update the Terms from time to time. If we believe that the changes are material, we’ll let you know by posting the changes to this website or the Application or sending you an email or message about the changes. We encourage you to check back regularly and review any updates.

How to Contact the Application

If you have any questions: please contact us at msynderman@npointventures.com