Important
Please read these terms carefully. By using the Service (as defined below), youagree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Platform (as defined below) or the Service.
Welcome to Creative Cloud Community, at website www.creativecc.pro. Our company ACESTAR SDN BHD (Company No. 811773-K) is incorporated in Malaysia. By using our Platform (as defined below), you indicate that you accept the following terms and conditions and the referenced policies, and that you agree to abide by them.
SECTION 1 - Acceptance of Terms
Creative Cloud Community (“CCC”) online platform, www.creativecc.pro (hereinafter “Platform”) provides the Service (as defined below), including the use of this Platform to you,subject to the following Terms of Use (“Terms”), which may be updated by us in our sole discretion from time to time, with, or without notice to you. Creative Talents (“Talent”) and engaging businesses (“Client”) who uses Platform (collectively “User”) are deemed to be bound by, any changes to the Terms. You agree that your continued use of the Service after such update will constitute your acceptance of, and agreement to, be bound by the updated Terms. You can review the most current version of the Terms of Use at any time at www.creativecc.pro.
SECTION 2 - Description of Service
We provide users with access, and use of our membership, online platform, materials and contents, profiles, jobs, proposals, and other content posted on Platform (collectively “Service”) through our network of properties, which may be accessed through any medium or device, now known or certain communications from us, such as service announcements, administrative messages and newsletters. Unless explicitly stated otherwise, any new features that augment or enhance the current website shall be subject to the Terms. You understand and agree that our website takes no responsibility for the timeliness, deletion, delivery or failure to store any user communications or personalization settings.
SECTION 3 - Your Registration Obligations
To access Platform, users have to register for an account, provide accurate, current and complete information, and keep their account information updated. If you provide any information that is false, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, we reserve the rights to suspend or terminate your account and refuse all current or future use of the Service (or any portion thereof). We provide users with access to some parts of the Service without your registration as a user. In consideration of your usage of Platform, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Malaysia or another applicable jurisdiction
SECTION 4 - Prohibited Platform Use
SECTION 4.1 - llegal, Fraudulent, Harmful, or Offensive Uses
You may not use, encourage, promote, facilitate, instruct or induce others to use, the Platform or Service for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Examples of prohibited uses of the Platform and Service include:
SECTION 4.2 - Using the Platform Other than for the Intended Purposes
CCC makes the Platform and Service available for Clients and Talents to find one another and enter into service relationships. Users are expected to use the Platform and Service for their intended purposes, and Users may not use the Platform and Services in contravention of their intended purposes. The following are examples of prohibited use of the Platform:
SECTION 4.3 - Using the Platform to Post False or Misleading Content
All Service including profiles, jobs, proposals, and other content posted to the Platform must be truthful and not misleading. Here are examples of prohibited uses:
SECTION 5 – Personal Data Protection Notice & Privacy Policy
For purposes of this document, the expression “personal data” shall bear the meaning as defined by the Personal Data Protection Act 2010 (“PDPA”, and includes “sensitive personal data” - as also defined by the PDPA).
Where applicable, and in relation to any personal data that may have been, or may from timeto time hereafter be provided by, or on behalf of such provider of personal data and/or obtained independently by the company from other lawful sources (if any), in connection witha commercial transaction:
The data provider covenants that the provider of such personal data has acknowledged, confirmed and consented to the company.
The data provider hereby acknowledges, confirms and consents to the company collecting, recording, holding, storing, using, dealing with and otherwise processing such personal data,for any of the following purposes
Where personal data is requested, the data provider, the organization or such other persons or companies represented by the data provider has the option not to provide additional information requested, other than the information which the company has indicated as necessary to facilitate the commercial transaction. If data provider does not complete the required fields for itself, or on behalf of the organization or such other persons or companies represented by the data provider as the case may be, the company will not be able to offer the services and/or fulfil the request of data provider and/or the organization and/or such other persons or companies represented by the data provider.
In connection with the purposes above, the company is hereby permitted to disclose such personal data to the relevant authorities, the company’s successor in interest, sponsors, advertisers, solicitors, insurers, adjusters, other advisers, suppliers, contractors and/or service providers, and the company’s parent company, group of companies, related and associated companies, affiliates and partners, some of whom may be outside Malaysia, who may undertake administrative, management and operational functions for or on behalf of the company in respect of or arising from the commercial transaction or to support sales, marketing, promotion and/or advertising efforts.
In the event of a sale of business, disposal, acquisition, merger or reorganisation involving the company or the assets of the company to another party, personal data may be required to be disclosed and/or transferred to the other party as part of the process of sale, disposal, acquisition, merger or reorganisation. The data provider acknowledges and covenants that the provider of such personal data has acknowledged, confirmed and consented to the company that such disclosure and transfer may occur and hereby permit the company to release the personal data to the other party and its advisers and representatives and that theother party has the provider’s consent to process such personal data.
The data provider shall notify the company in writing of any change in any personal data provided. The data provider may request in writing for access to, and to request for correction of personal data in accordance with the PDPA. In the event of such request, or if the provider of such personal data has an inquiry or complaint in respect of the company’s handling of such personal data, the provider can contact the company. However, we fully reserve our rights to deny your access to, or to correct your personal data, for reasons permitted by the applicable law.
SECTION 5.1 Transfer of Personal Data
Your personal data may from time to time be transferred to, stored, used and processed by us in places other than Malaysia.This is because some of our digital storage facilities and servers may be located in such other places.
In addition to the above, your personal data may also be transferred out of Malaysia to third parties, and you hereby consent to the transfer of your personal data out of Malaysia.
To opt out of receiving email from us if you no longer wish to receive emails from us, simply click on the unsubscribe link included in every email.
SECTION 6 - Conduct
You understand that all content, whether publicly posted or privately transmitted, are the soleresponsibility of the person from whom such content originated. This means that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Service (collectively “Content”). We bear no responsibility for the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that may be construed or regarded as offensive, indecent, fraudulent, objectionable, inaccurate, defamatory or erroneous. Under no circumstances will we or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be, be liable in any way for any Content, including, but not limited to, any exposure to offensive, indecent, fraudulent, defamatory or objectionable Content, any errors or omissions in any Content, or any loss or damage of anykind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to
You understand that the technical processing and transmission of the Service, including yourContent, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components thatpermit digital materials to be protected, and that use of these materials is subject to usage rules set by us and our content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
SECTION 7 - Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
SECTION 8 - Content Submitted or Made Available for Inclusion on The Service
With regard to the Content which you submit or make available for inclusion on the Service, you agree to grant us, and we hereby accept a worldwide, perpetual, irrevocable, sub-licensable, royalty-free, transferable and exclusive license(s), to use, distribute, reproduce, modify, adapt, publish, broadcast, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in print and/or in any other format or medium now known or later developed.In this connection, Content includes the following non-exhaustive items: information, data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials.
SECTION 9 - Contributions
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to us, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietaryinformation; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become our property without any obligation on our part to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances
SECTION 10 - Indemnity
You agree to indemnify and hold us and our parent, holding, subsidiary, affiliated and related companies, officers, agents, employees, partners, suppliers, vendors, co-branders, licensorsharmless from any claim or demand, including reasonable legal or attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another or your breach of any applicable law.
SECTION 11 - No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service including all Content such as photographs, advertisements, information, listings and articles, whether posted by others or by yourself.
SECTION 12 - General Practices Regarding Use and Storage
You acknowledge that we may, in its sole discretion, establish general practices and limits concerning use of the Service, including without limitation the manner in which the Service isused, the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from, or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. In particular, but without limiting the foregoing, by using the Service, you hereby consent to our adoption of the practices as set forth herein in relation to your useof the Service. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or made available through the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time, in our sole discretion, with or without notice, and you agree that your continued use of the Service after such modification will constitute your acceptance of, and agreement to be bound by the modified general practices and limits
SECTION 13 - Modifications to Service
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
SECTION 14 - Termination
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause forsuch termination shall include, but not be limited to
Termination of your account includes:
SECTION 15 – Dealings with Advertisers
The Service may also include access to products and services of independent third parties, either directly or via links to sites operated by such third party advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred, as the result of any such dealings or as the result of the presence of such advertisers on the Service
SECTION 16 - Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Since we do not possess any control over such sites and resources, you acknowledge and agree that we will not be held responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on, or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with use of, or reliance on any such Content, goods or services available on, or through any such site or resource
SECTION 17 - Our Proprietary Rights
You acknowledge and agree that the Service, and any necessary software used in connection with the Service ("Software"), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, reproduce, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service
SECTION 18 - Disclaimer of Warranties
You expressly understand and agree that:
SECTION 19 - Limitation of Liability
You expressly understand and agree that we and our parent, holding, subsidiary and related companies, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we or our licensors, suppliers, vendors, parent, holding, subsidiary or related company, affiliate, officer, agent or employee, as the case may be, has been advised of the possibility of such damages), resulting from: (i) the service, the materials and the products; (ii) the use or the inability to use the service; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; (vi) any goods or services disposed of or messages sent or received using the service; or (vii) any other matter relating to the service, the materials or the products. Nothing in these terms of use shall limit the liability of us or our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, affiliates, officers, agents or employees, as the case may be for death or personal injury resulting from our or their negligence
SECTION 20 - Exclusions and Limitations
You acknowledge that the disclaimers and exclusions of liability set forth in Sections 19 and 20 represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitationthe value of the consideration provided by you to us, and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law
SECTION 21 - Third-Party Beneficiaries
You agree that except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement. You acknowledge that our licensors, suppliers,vendors, parent, holding, subsidiary and related companies, all affiliates, and our officers, agents and employees, are, where applicable, intended to be third party beneficiaries of any of the Terms herein.
SECTION 22 - Notice
We may provide you with notices, including those regarding changes to the Terms of Use, byemail, regular mail or postings on the Service. You agree that such notices by email or regular mail, and such display of notices or links to notices to you generally on the Service, will constitute sufficient and adequate notice to you of the matters contained therein.
SECTION 23 - Trademark Information
The CCC logo, trademarks, service marks, other logos, products and service names are our trademarks and/or those of our licensors, suppliers, vendors, parent or holding company, as the case may be (the Marks"). Without the prior written permission of our licensor, supplier, vendor, parent or holding company or us, as the case may be, you agree not to display or use in any manner the Marks.
SECTION 24 - General Information
Entire Agreement. The Terms of Use constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior understandings, statements, representations and agreements between you and us with respect to the Service. For the avoidance of doubt, except to the extent provided in Section 23, you and we are the only parties to the Terms of Use. You also may be subject to additional terms and conditions that may apply when you use or purchase certain of our other services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Use and the relationship between you and us shall be governed by the laws of Malaysia, without regard to its conflict of law provisions. Both youand we agree to submit to the non-exclusive jurisdiction of the courts of Malaysia.
Waiver and Severability of Terms. The failure on our part to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law, so as to render that provision valid and enforceable, and the other provisions of the Terms of Use remain in full force and effect
No Right of Survivorship and Non-Transferability. You agree that your account with us is non-transferable and any rights to your ID or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to use of the Service or the Terms of Use, must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect
English version prevails. In the event that these Terms of Use are translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation
SECTION 25 - Refund Policy
All payment made for CCC service is non-refundable.
SECTION 26 - Violations
Please report any violations of the Terms of Use to: icare@creativecc.pro