Terms of Service & Disclaimer

Introduction

These terms of use govern your use of creativesystem.us (the “Website”); by using the Website, you agree to these terms of use in full. If you disagree with these terms of use or any part of these terms of use, please do not take our assessments/tests, register, subscribe or use the Website.

We make no claims or representations in relation to the emotional, health or commercial benefits of using any digital content made available on the Website (our “Products”) and the information provided on the Website is no substitute for professional medical or psychiatric advice where applicable. If you are concerned about health or mental well-being issues you are advised to consult your doctor.

The official text is the English version of the Website. Any discrepancies or differences created in the translation to other languages are not binding and have no legal effect for any purpose. If any questions arise related to the accuracy of the information contained in the non-English versions of the Website, please refer to the English version of the Website which is the official version.

The Website uses cookies. By using the Website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

Please note that these Terms and Service & Disclaimer may be amended from time to time. Notification of any changes will be made by posting new terms on the Website. In continuing to use the Website you confirm that you accept the then current terms and conditions in full at the time you use the Website.

Registration

You can access many areas of the Website without registering or subscribing but if you wish to view certain content or access certain services, you may be required to register with the Website. To take our creativity assessment or purchase and services registration will be required.

When you register with the Website we will ask you for certain personal information. Any personal information that you provide to us will be handled in accordance with our Privacy Policy.

If you register with the Website you may be required to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone.

If we have reason to believe that there is likely to be a breach of security or misuse of the Website through your account or the use of your password, we may require you to change your password or we may suspend your account. Until you have changed your password or we have reactivated your account you may not be able to access certain parts of the Website.

You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.

We reserve the right at our discretion to delete or cancel the registration of any person who in our opinion possesses more than one profile at any time.

We reserve the right to cancel any registration at any time and for any reason.

The Torrance Tests

You will be able to use the Website to take a free creativity test (the “Torrance Test”). The results of the Torrance Test are automatically analyzed and you will receive a result and suggestions for areas of creativity improvement. We may also record and use your answers and results for research purposes.

Our Free Products are provided for information and entertainment purposes only and for no other purpose.

Our Free Products should not be regarded as or relied upon as being a comprehensive opinion or assessment concerning your psychological well-being.

Any decisions that you make once you have read the content of our Free Products and website are for you alone and we will not be liable for the consequences of any such decisions.

Our Products are for personal use only and are not intended for use in any business, employment or recruitment context.

Licence to Use Website

Unless otherwise stated, we or our licensors, own the intellectual property rights in the Website and material on the Website, including all Products and services, including but not limited to copyright and associated moral rights, trademarks, get-up, and unregistered rights, goodwill, know-how, software, database rights, and all other intellectual property rights. Subject to the licence below, all these intellectual property rights are exclusively reserved. Where the Products feature the intellectual property of third parties which we do not own this is clearly stated.

You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Without prior consent from us you must not:

(a) reproduce, translate or reverse engineer material from this Website (including republication on another website or other reproduction or communication of our Products without consent);

(b) sell, rent or sub-license material or Products from the Website;

(c) communicate any material or Products from the Website to the public;

(d) reproduce, duplicate, copy or otherwise exploit material or Products on our Website for a commercial purpose;

(e) edit or otherwise modify any material or Products on the Website;

(f) redistribute material or Products from this Website except for content specifically and expressly made available for redistribution; or

(g) reproduce any intellectual property rights of third parties on our Website without the consent of those parties.

Legal Stuff

Disclaimer of Warranty; Limitation of Liability.  YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS, AND SERVICES PROVIDED THROUGH THE WEBSITE MAY CONTAIN INACCURACIES AND/OR TYPOGRAPHICAL AND OTHER ERRORS. NEITHER CREATIVESYSTEM.US NOR ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE AND/OR SUCH INFORMATION, MATERIALS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, MATERIALS OR SERVICE, PROVIDED THROUGH THE WEBSITE.

THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

NEITHER CREATIVESYSTEM.US ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS NOR LICENSORS WILL BE RESPONSIBLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACIES, UNTIMELINESS, INAUTHENTICITY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, AND/OR ANY OF THE MATERIALS OR THE SERVICES PROVIDED THEREIN, REGARDLESS OF WHETHER ANY SUCH CLAIM IS FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION HOWSOEVER ARISING OR OCCASIONED. NEITHER CREATIVESYSTEM.US, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS NOR LICENSORS WILL BE RESPONSIBLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR THIRD-PARTIES, AND THE RISK OF INJURY FROM ANY OF THE FOREGOING RESTS ENTIRELY WITH A USER.

IN NO EVENT WILL CREATIVESYSTEM.US, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This Website, and/or any part of its contents, may be monitored to determine compliance with this Agreement and any other operating rules established by CreativeSystem.us and to satisfy any law, regulation or authorized government request. CreativeSystem.us shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website, without notice. Without limiting any of the foregoing, CreativeSystem.us shall have the right, without notice, to remove any material that, in its sole discretion, it finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification.  You agree to defend, indemnify and hold harmless CreativeSystem.us, its directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or occasioned by your use, or any use for which you are responsible by these Terms and Conditions, of the Website.

Jurisdiction and Choice of Law. If there is any dispute arising out of the Service, by using the Service as is, you expressly agree that any dispute shall be governed by the laws of the State of Maryland, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Maryland, in Montgomery County, for the resolution of any such dispute.

Miscellaneous. The failure of CreativeSystem.us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and CreativeSystem.us and govern your use of the Service.