Terms and Conditions

These Terms and Conditions ("Terms") govern your relationship with https://www.startbeingcreative.com/ (“Startbeingcreative.com,” “Website,” “Site”) operated by Start Being Creartive LLC (“Start Being Creative,” "we,” "our,” “us”) and/or any products and/or services (“Products and Services”) it provides. By accessing the Website and/or using our Products and Services in any way, you are agreeing that you have read, understand, and agree to abide by these Terms & Conditions. These Terms apply to all visitors and users. If you disagree with these Terms & Conditions or any part of these Terms, you may not use the Website. You must be at least 18 years old to use this Website. By using the Website and agreeing to these Terms, you confirm that you are at least 18 years old. This website uses cookies. By using the Website and agreeing to these Terms & Conditions, you consent to our use of cookies in accordance with our Privacy Policy.

License to Use Site

Unless otherwise stated, Start Being Creative owns the intellectual property rights published on this website and all materials, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein. Subject to the license below, all these intellectual property rights are reserved.

The Products and Services and all original content, features and functionality are and will remain the exclusive property of Start Being Creative. The Products and Services are protected by copyright, trademark, and other laws of both the United States of America and foreign countries.

You may view, download for caching purposes only, and print pages, files or other content from the Website for your own personal use only, subject to the restrictions set out below and elsewhere in these Terms & Conditions.

Acceptable Use

You agree that you will NOT do any of the following:

Use this Website or any Products and Services in any way that causes, or may cause, damage or impairment of the availability or accessibility of Startbeingcreative.com.
Use this Website or any Products and Services in any way that is unlawful, illegal, fraudulent, or harmful, or in connection to any unlawful, illegal, fraudulent or harmful purpose or activity.
Use this Website or any Products and Services to copy, store, host, transmit, send, use, publish, or distribute any software or other materials that contain or are linked to any spyware, viruses, Trojan horses, worms, keystroke logger, rootkit or other malicious software or materials.
Conduct any systematic or automated data collection activities on or in relation to this Website or any Products and Services without our expressed written consent. This includes but is not limited to: scraping, data mining, data extraction, data harvesting, framing, and article ‘spinning.’
Use this Website or any part of either to transmit or send unsolicited commercial communications.
Use this Website for any purposes related to advertising or marketing without our express written consent.

Purchases

If you wish to purchase any Products and Services made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order or refund at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order or refund if fraud or an unauthorized or illegal transaction is suspected.

Return/Refund Policy

We offer full refunds on certain digital download products. Please refer to our Refund Policy for more information. You will receive your product as a digital download once the transaction is complete. You are encouraged to make a backup copy of the digital download for your own use, but any other copying or reproduction of the products is strictly prohibited. It is your responsibility to make sure that any product you purchase is compatible with your software or camera files (you can see full requirements on the product page). These terms are binding, and apply even if you request a refund through a third-party payment service, such as Paypal.

All prices and sales are in US Currency.

Terms for Submission of Written Content to Site

By using this Site and in consideration of Startbeingcreatives.com evaluating your submission (the “Writing”) for its possible use on the Site, Social Media and/or in a our newsletter, the contributor (the “Writer”) agrees to the terms and conditions set forth in these Terms & Conditions.

Writers who submit their Writing to Startbeingcreative.com retain full rights to their Writing, except as otherwise set forth herein.

Start Being Creative shall have a perpetual, royalty free license to use any Writing, and to alter, change, rework or create derivative works of the Writing, as follows: (a) on or in connection with the Site, or any other electronic or other platform now know or hereinafter derived that is owned or operated by us; (b) on or in connection with materials promoting Startbeingcreative.com and/or the Social Media (c) in books, magazines, Social Media, newsletters, and all other media now known or hereinafter derived.

We agree to post a short bio of the Writer at the bottom of an article, providing exposure to the Writer’s personal website and relevant social media buttons if requested.

We may use the selected Writing in any matter on or in connection with the Site, including, but not limited to: changing or reworking the Writing by making grammatical, structural, and other general editing changes (as necessary), making derivative works of the Writing, using the Writing on the Site, Social Media and/or on promotional material.

If a Writing is selected, the Writer may use the Writing (or derivatives of the Writing) or allow others to use the Writing (or derivatives of the Writing) for any purpose, except in a manner that is derogatory or otherwise critical of Startbeingcreative.com. The Writer represents, warrants and certifies that the Writing that is licensed to Startbeingcreative.com is his/her own original work, is the sole property of Writer and does not infringe the rights of any third party, including, but not limited to, trademark, copyright, patent, trade secret, or other proprietary or personal rights.

Writer further represents, warrants and certifies that such Writing has not been previously published, and shall not include any material that is profane, offensive, or that advocates or encourages any illegal activity.

Writer agrees to release, indemnify and hold harmless Start Being Creative, its sponsors, and its and their respective affiliates, shareholders, officers, directors, members, employees, and agents from and against all liability, damages, loss, cost, or expense (including without limitation reasonable attorneys’ fees and expenses) arising out of or in connection with (i) any claim, suit, action, or proceeding based on publicity rights, defamation, or invasion of privacy, (ii) Writer’s use of a Writing not in accordance with these Terms & Conditions, (iii) any breach by Writer of his/her obligations, representations or warranties hereunder, and/or (iv) any claim, suit, action, or proceeding relating to the ownership, use or exploitation of a Writing by us and/or our sponsors, including, but not limited to, any claim relating to the violation of any third party’s trademark, copyright, patent, trade secret, or other proprietary or personal rights in connection with a Writing.

If the Writing is not deemed suitable for publishing as determined by Start Being Creative, we will notify the Writer of the reason(s) for its determination by e-mail within thirty days.

Participants, who in our opinion, do not comply with these Terms & Conditions, or for any other reason in our sole discretion, can at any time be excluded from consideration without notice. The decisions of Start Being Creative are final and binding.

Terms for Submission of Photographs to Site

By using this Site and in consideration of Start Being Creative evaluating your photography for its possible use on the Site, Social Media and/or in a our newsletter, the contributor (the “Photographer”) agrees to the terms and conditions set forth in these Terms & Conditions.

Photographers who submit a photo or photosets (a “Photo”) to Startbeingcreative.com retain full rights to their Photo, except as otherwise set forth herein.

We shall have the right to accept any Photo, display it on the Site, promote it on our Social Media and use it in our newsletter. Selection of Photos to be used or featured shall be in our sole and absolute discretion, and we shall have no obligation to use or display any Photo.

We shall have the option to create an article, including, but not limited to, a feature article, on the Photographer, including his/her Photo, providing exposure to the Photographer’s personal web site and his/her work, without any additional compensation to Photographer.

Start Being Creative shall have a perpetual, royalty free license to use any Photo, and to alter, change, rework or create derivative works of the Photo, as follows: (a) on or in connection with the Site, or any other electronic or other platform now know or hereinafter derived that is owned or operated by us; (b) on or in connection with materials promoting the Site and/or Social Media; (c) in books, magazines, Social Media, newsletters, and all other media now known or hereinafter derived.

If a Photo is selected, the Photographer may use the Photo (or derivatives of the Photo) or allow others to use the Photo (or derivatives of the Photo) for any purpose, except in a manner that is derogatory or otherwise critical of Start Being Creative. The Photographer represents, warrants and certifies that the Photo that is licensed to Start Being Creative is his/her own original work, is the sole property of Photographer and does not infringe the rights of any third party, including, but not limited to, trademark, copyright, patent, trade secret, or other proprietary or personal rights. Photographer further represents, warrants and certifies that such Photo has not been previously published, and shall not include any material that is profane, offensive, or that advocates or encourages any illegal activity.

Photographer agrees to release, indemnify and hold harmless Start Being Creative, its sponsors, and its and their respective affiliates, shareholders, officers, directors, members, employees, and agents from and against all liability, damages, loss, cost, or expense (including without limitation reasonable attorneys’ fees and expenses) arising out of or in connection with (i) any claim, suit, action, or proceeding based on publicity rights, defamation, or invasion of privacy, (ii) Photographer’s use of a Photo not in accordance with these Terms & Conditions, (iii) any breach by Photographer of his/her obligations, representations or warranties hereunder, and/or (iv) any claim, suit, action, or proceeding relating to the ownership, use or exploitation of a Photo by Start Being Creative and/or its sponsors, including, but not limited to, any claim relating to the violation of any third party’s trademark, copyright, patent, trade secret, or other proprietary or personal rights in connection with a Photo.

Terms and Conditions for Social Media

If you respond to questions or posts by us or post content on or via our official brand presence on Social Media, we may use or republish your posted content, including, but not limited to, texts, photographs, videos, and/or other materials, as set forth herein. Our Social Media platforms include the “@startbeingcreative” Instagram page, "@creativetravelcouples" Instagram page, "@travlcouples" Instagram page, and all other social media or networking sites owned or associated with startbeingcreative.com and creativetravelcouples.com.

Limited Liabilities

To the maximum extent permitted by applicable law, Start Being Creative, nor any of its licensors, directors, officers, employees, and/or affiliates will be liable to you (whether under the law of contract, the law of tort, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

To the extent that the Website is provided free-of-charge, for any direct loss
For any indirect, special or consequential loss
For any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data
For other losses of any kind or character

These limitations of liability apply even if we have been expressly advised of the potential loss. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website.

Warranties Disclaimer

The Website is provided “as is” and “as available” without any representation or warranties of any kind, express or implied. We make no representations or warranties in relation to the Website or the information and materials provided on the Website.

Without prejudice to the generality of the previous paragraph, and while we use reasonable efforts to include accurate and current information, Startbeingcreative.com does not warrant that:

This website will be constantly available, or available at all
Or that the information on this website is complete, error-free or non-misleading.

Nor do we make any warranties as to the results that may be obtained from the use of the Website and/or Products and Services. Additionally, nothing contained on this Website constitutes, or is meant to constitute, advice of any kind.

No advice or information, verbal or written, that you obtain through the Website will create any warranty not expressed herein the Terms.

Access to Website and Restricted Use

We reserve the right to restrict access to certain areas of the Website. This policy may be changed or modified without notice.

If we provide you with user login credentials to allow you to access restricted areas of the Website or its Products or Services, you must assume full responsibility for their security and keep them confidential. You acknowledge that you may not transfer access privileges to restricted areas to any third parties, and that we may disable your login credentials at our discretion without notice or explanation.

Reasonableness

By using this Website, you agree that the limitations of liability and exclusions set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Enforceability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Indemnity

You hereby indemnify Start Being Creative and undertake to keep the Website indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) that we incurred or suffered out of any breach by you of any provision of these Terms & Conditions, or arising out of any claim that you have breached any provision of these Terms & Conditions.

Breaches of These Terms

Without prejudice to the Website’s other rights under these Terms & Conditions, if you breach these Terms in any way, we may take any such action as we deem appropriate to deal with the breach, including (but not limited to) suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Website, and/or bringing court proceedings against you.

Variation of Terms

We reserve the right, at any time, to update these Terms. Revised Terms & Conditions will apply to the use of this Website from the date of the publication of the revised Terms on this Website. Please check these Terms regularly to ensure you understand all current Terms that apply to the use of this Website.

Transfer of Rights and Obligations

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms & Conditions.

Law and Jurisdiction

These Terms & Conditions will be governed by and construed in accordance with the laws of Florida, USA, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Florida, USA.

Entire Agreement

These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and Start Being Creative in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.

More About These Terms

These terms were last updated on January 31, 2020.

If you require any more information or have questions about these Terms, please feel free to contact us at support@startbeingcreative.com.