Introduction: Your Agreement to these Terms of Use Welcome to the Thecreativewonder.com, creative content management and file download platform consisting of creative writing, study material, websites that allows for the authorized sharing of creative art along with download and distribution of study material of variety of professional courses, over the internet ("The Creative Wonder Platform"). The following Terms of Use for The Creative Wonder Platform is a legal contract between You, either an individual user ("You" or, collectively, "Users"), and The Creative Wonder regarding Your use of The Creative Wonder Platform. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE CREATIVE WONDER PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE CREATIVE WONDER PLATFORM. 1. Eligibility. The Creative Wonder Platform is available to any person other than the users previously suspended or removed from The Creative Wonder platform by The Creative Wonder. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE CREATIVE WONDER PLATFORM, YOU REPRESENT THAT YOU HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CREATIVE WONDER PLATFORM. The content on The Creative Wonder Platform is only available for personal noncommercial use for end users only, any other use is prohibited. 2. Privacy. Your privacy is important to The Creative Wonder. The Creative Wonder's Privacy Policy is hereby incorporated into these Terms by reference. 3. Individual Features and Services. When using The Creative Wonder Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms. 4. Modification of these Terms. The Creative Wonder reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of The Creative Wonder Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on The Creative Wonder Platform. We will always make a reasonable effort to notify You if we do change these Terms. 5. Copyright Infringement Notification & Other Reports 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 thecreativewonder.com to locate the material; Information reasonably sufficient to permit thecreativewonder.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted; A statement that you have a good faith belief that use of the material in the manner complained about 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. Notwithstanding the foregoing, thecreativewonder.com does not guarantee any action based upon the receipt of such information. ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE. 6. The Creative Wonder Platform License Grant. 6.1 License Grant to Upload. Subject to Your compliance with the terms and conditions set out in this Terms of Use, The Creative Wonder hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use The Creative Wonder Platform for the uploading and distributing of authorized content ("User Content"). Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of The Creative Wonder to protect User Content with security measures, The Creative Wonder cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will The Creative Wonder be liable for any copying or usage of the User Content not authorized by The Creative Wonder. 6.2 License Grant to Download. Subject to Your compliance with the terms and conditions set out in this Terms of Use, The Creative Wonder hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view and download User Content solely through The Creative Wonder Platform subject to the license under which such User Content is distributed. 6.3 Reservation of Rights. The Creative Wonder reserves all rights not expressly granted in this Terms of Use. 6.4 Prevention of Unauthorized Use. The Creative Wonder reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of The Creative Wonder Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. 7. User Content License Grant; Representations and Warranties. 7.1 Retention of Ownership You retain all of Your ownership rights in User Content owned by You. 7.2 License Grant to The Creative Wonder. Unless otherwise agreed to in a separate written agreement between You and The Creative Wonder that was signed by an authorized representative of The Creative Wonder: a) By distributing or disseminating User Content through The Creative Wonder Platform, You hereby grant to The Creative Wonder a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through any media channels, solely in order to publish and promote such User Content in connection with services offered or to be offered by The Creative Wonder. Such license will apply to any form, media, or technology now known or hereafter developed. 7.3 License Grant to other The Creative Wonder users. By distributing or disseminating User Content through The Creative Wonder Platform, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive, personal license to view and download such User Content in the manner contemplated by these Terms and The Creative Wonder Platform. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from The Creative Wonder Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from The Creative Wonder Platform survive any termination or expiration of the license granted in this section 7.3. 7.4 User Content Representations and Warranties. You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize The Creative Wonder and The Creative Wonder’s Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by The Creative Wonder and this Terms of Use; (2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and (3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability. The Creative Wonder reserves all rights and remedies against any Users who violate this Terms of Use. 7.5 User Content Disclaimer. You understand that when using The Creative Wonder Platform You will be exposed to User Content from a variety of sources, and that The Creative Wonder is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that are 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 The Creative Wonder with respect thereto. The Creative Wonder does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and The Creative Wonder expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to this Terms of Use, The Creative Wonder may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, The Creative Wonder does not permit copyright infringing activities on The Creative Wonder Platform. 8. Prohibited Conduct. BY USING THE CREATIVE WONDER PLATFORM YOU AGREE NOT TO: · 8.1 use The Creative Wonder Platform for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access The Creative Wonder Platform as such services are offered by The Creative Wonder; · 8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below); · 8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content; · 8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate; · 8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access The Creative Wonder Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via The Creative Wonder Platform, or perform any other similar fraudulent activity; · 8.6 delete the copyright or other proprietary rights on The Creative Wonder Platform or User Content; · 8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of The Creative Wonder Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures; · 8.8 use The Creative Wonder Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; · 8.9 defame, harass, abuse, threaten or defraud Users of The Creative Wonder Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent; · 8.10 remove, circumvent, disable, damage or otherwise interfere with security-related features of The Creative Wonder Platform or User Content, features that prevent or restrict use or copying of any content accessible through The Creative Wonder Platform, or features that enforce limitations on the use of The Creative Wonder Platform or User Content; · 8.11 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of The Creative Wonder Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; · 8.12 modify, adapt, translate or create derivative works based upon The Creative Wonder Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; · 8.13 intentionally interfere with or damage operation of The Creative Wonder Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; · 8.14 relay email from a third party’s mail servers without the permission of that third party; · 8.15 use any robot, spider, scraper, or other automated means to access The Creative Wonder Platform for any purpose or bypass any measures The Creative Wonder may use to prevent or restrict access to The Creative Wonder Platform; · 8.16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through The Creative Wonder Platform; · 8.17 interfere with or disrupt The Creative Wonder Platform or servers or networks connected to The Creative Wonder Platform, or disobey any requirements, procedures, policies or regulations of networks connected to The Creative Wonder Platform; or · 8.18 posts upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from The Creative Wonder experience. 9. Account When You use The Creative Wonder Platform to upload and/or download content or any products, services, or information from The Creative Wonder, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to The Creative Wonder on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify The Creative Wonder. You may be liable for the losses incurred by The Creative Wonder or others due to any unauthorized use of Your The Creative Wonder Platform account. 10. Third-Party Sites, Products and Services; Links. The Creative Wonder Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). The Creative Wonder does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through The Creative Wonder Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk. 11. Termination; Terms of Use Violations. 11.1 The Creative Wonder. You agree that The Creative Wonder, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with The Creative Wonder or Your use of The Creative Wonder Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. The Creative Wonder may also in its sole discretion and at any time discontinue providing access to The Creative Wonder Platform, or any part thereof, with or without notice. You agree that any termination of Your access to The Creative Wonder Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that The Creative Wonder will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies The Creative Wonder may have at law or in equity. As discussed herein, The Creative Wonder does not permit copyright infringing activities on The Creative Wonder Platform, and will terminate access to The Creative Wonder Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers. 11.2 You. Your only remedy with respect to any dissatisfaction with (i) The Creative Wonder Platform, (ii) any term of this Terms of Use, (iii) any policy or practice of The Creative Wonder in operating The Creative Wonder Platform, or (iv) any content or information transmitted through The Creative Wonder Platform, is to terminate this Terms of Use and Your account. You may terminate this Terms of Use at any time by discontinuing use of any and all parts of The Creative Wonder Platform. 11.3 User Content. Subject to section 7.3 above and The Creative Wonder Document Store Terms upon termination of this agreement by You or The Creative Wonder, The Creative Wonder will NOT discontinue prospective hosting and distribution of Your User Content. 12. Ownership; Proprietary Rights. The Creative Wonder Platform is owned and operated by The Creative Wonder. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of The Creative Wonder Platform provided by The Creative Wonder (the "Materials") are protected by Indian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that are provided and owned by Users or other individuals, all Materials contained on The Creative Wonder Platform are the property of The Creative Wonder or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to The Creative Wonder or its affiliates and/or third-party licensors. Except as expressly authorized by The Creative Wonder, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. The Creative Wonder reserves all rights not expressly granted in this Terms of Use. 13. Indemnification. You agree to indemnify, save, and hold The Creative Wonder, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of The Creative Wonder Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. The Creative Wonder reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify The Creative Wonder, and You agree to cooperate with The Creative Wonder’s defense of these claims. The Creative Wonder will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. 14. Disclaimers; No Warranties. 14.1 No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CREATIVE WONDER, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CREATIVE WONDER OR THROUGH THE CREATIVE WONDER PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM THE CREATIVE WONDER INCLUDES THE CREATIVE WONDER 'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. 14.2 "As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT THE USE OF THE CREATIVE WONDER PLATFORM IS AT YOUR SOLE RISK. THE CREATIVE WONDER PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CREATIVE WONDER PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. 14.3 Platform Operation and User Content. THE CREATIVE WONDER, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE CREATIVE WONDER PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. 14.4 Accuracy. THE CREATIVE WONDER, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CREATIVE WONDER PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. 14.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE CREATIVE WONDER PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. 14.6 Uploaded Content. THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY THE CREATIVE WONDER HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. 15. Limitation of Liability and Damages. 15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE CREATIVE WONDER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE CREATIVE WONDER PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH THE CREATIVE WONDER, EVEN IF THE CREATIVE WONDER OR AN THE CREATIVE WONDER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15.2 Limitation of Damages. IN NO EVENT WILL THE CREATIVE WONDER OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE CREATIVE WONDER PLATFORM OR YOUR INTERACTION WITH OTHER THE CREATIVE WONDER PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CREATIVE WONDER PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. 15.3 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN THE CREATIVE WONDER AND RECEIVED THROUGH OR ADVERTISED ON THE CREATIVE WONDER PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES. 15.4 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THE CREATIVE WONDER HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CREATIVE WONDER, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE CREATIVE WONDER. THE CREATIVE WONDER WOULD NOT BE ABLE TO PROVIDE THE CREATIVE WONDER PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. 15.5 Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED. 16. Miscellaneous. 16.1 Notice. The Creative Wonder may provide You with notices, including those regarding changes to The Creative Wonder 's terms and conditions, by email, regular mail, or postings on The Creative Wonder Platform. Notice will be deemed given twenty-four hours after email is sent, unless The Creative Wonder is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through The Creative Wonder Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on The Creative Wonder Platform is deemed given 30 days following the initial posting. 16.2 Waiver. The failure of The Creative Wonder to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by The Creative Wonder. 16.3 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. 16.4 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by The Creative Wonder without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void. 16.5 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5, 6.5, and 7-17. 16.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. 16.7 Entire Agreement. This is the entire agreement between You and The Creative Wonder relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by The Creative Wonder as set forth in section 4 above. 16.8 Claims. YOU AND THE CREATIVE WONDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CREATIVE WONDER PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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