TERMS AND CONDITIONS
EFFECTIVE DATE: APRIL 18, 2025
These are general Terms and Conditions for creatorcavern.com.
Terms of Service (ToS) for consulting services can be found here.
TERMS AND CONDITIONS
By visiting and using creatorcavern.com (hereinafter the “Website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the Website. CreatorCavern may amend these Terms and Conditions from time to time by posting the updated terms on the Website. Where a change materially affects users, CreatorCavern will take reasonable steps to give notice. It is your responsibility to check the Website periodically for updates.
Your continued use of the website after posting any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.
DISPUTE RESOLUTION AND GOVERNING LAW
If a concern or dispute arises out of or relates to the Website or these Terms and Conditions, please contact CreatorCavern first so the parties can try to resolve it promptly and in good faith. Before commencing court proceedings, the parties agree to participate in at least one mediation session administered by the Australian Mediation Association, or another mediator agreed by the parties, in Queensland, Australia. The mediation may be conducted remotely by agreement. The parties will share the mediator’s fees equally and otherwise bear their own costs of participating, unless they agree otherwise. This requirement does not prevent either party from seeking urgent interlocutory or injunctive relief, making a claim in a tribunal or small-claims process, or exercising a right or remedy that cannot lawfully be excluded. These Terms and Conditions are governed by the laws of Queensland, Australia. Subject to any right you have under applicable law to bring proceedings elsewhere, the parties submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from them.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads, and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational, and educational use only while ensuring it is not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws, and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
LAWFUL USE OF THE WEBSITE
You may use the Website only for lawful purposes. You must not attempt to gain unauthorised access to any part of the Website, introduce spyware, viruses, malware or other harmful code, interfere with the Website’s operation or security, impersonate another person, infringe another person’s rights, or use the Website in any way that breaches applicable law.
THIRD PARTY LINKS
The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third party websites. Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources.
TERMINATION
We may refuse, restrict, suspend or terminate your access to the Website where we reasonably believe you have materially breached these Terms and Conditions, misused the Website, or created a security, legal or operational risk. Where practicable, we will give reasonable notice and an opportunity to address the issue. We may act without prior notice where reasonably necessary to respond to an urgent risk or legal obligation.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. CREATORCAVERN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. CREATORCAVERN MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. CREATORCAVERN DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED, INCLUDING UNDER THE AUSTRALIAN CONSUMER LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here. The exclusions and limitations in these Terms and Conditions apply only to the maximum extent permitted by law.
INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold CreatorCavern and its owners, founders, officers, employees and contractors harmless from third-party claims, losses, damages and reasonable legal costs arising directly from your unlawful use of the Website or material breach of these Terms and Conditions. This indemnity is reduced to the extent that CreatorCavern caused or contributed to the relevant loss. CreatorCavern will notify you promptly of a claim and allow you a reasonable opportunity to participate in its defence.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
CONTACT
For any questions, please contact us at contact@creatorcavern.com.