Last updated: January 18, 2024

Terms of Service

WELCOME TO 11259164 CANADA, INC.’S ("CRAFTI") FAMILY OF APPS AND WEBSITES, AND ANY OTHER PROPERTIES OF 11259164 CANADA INC, ITS AFFILIATES, OR AGENTS (COLLECTIVELY, “PLATFORM”). CRAFTI ALLOWS USERS (“YOU” OR “USER”) TO ACCESS CERTAIN VISUAL AND/OR AUDIO MEDIA CONTENT FROM THE PLATFORM, INCLUDING, WITHOUT LIMITATION, GRAPHICS, PICTURES, VIDEO CLIPS, FONT FILES, AUDIO CLIPS, AND OTHER MEDIA CONTENT (COLLECTIVELY, “STOCK FILES”). YOUR USE OF ANY STOCK FILES ARE GOVERNED BY A SEPARATE ROYALTY FREE LICENSE AGREEMENT BETWEEN YOU AND CRAFTI (“LICENSE AGREEMENT”). THESE TERMS OF SERVICE (“TERMS”) REPRESENT A LEGAL AGREEMENT BETWEEN YOU AND CRAFTI. BY ACCESSING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS INCLUDE OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, INCLUDING OUR PRIVACY POLICY, AND ANY APPLICABLE LICENSE AGREEMENT, DO NOT USE THE PLATFORM.

Registration

Registering Your Account. In order to access certain features of the Platform, you may be required to become a Registered User. For purposes of these Terms, “Registered User” is a user who has registered an account on the Platform (“Account”).


Registration Data. In registering for the Platform, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the Platform registration form (“Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Crafti has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Crafti may suspend or terminate your Account and refuse any and all current or future use of the Crafti Content (defined below) and/or the Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Crafti reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use the Crafti Content and/or the Platform if you have been previously removed by Crafti, or if you have been previously banned from the Platform.


Password Protection and Security. Portions of the Platform are password protected for only Registered Users who have received an authorized password from Crafti and only those who are using their own unique password are permitted to access such portions of the Platform. A condition of accessing the Platform is that you shall not divulge, upload, rent, sell, loan or exchange your password with any other person regardless of whether such person is another employee or subcontractor engaged by you or your employer or otherwise. If you become aware of any loss, theft or misuse of your password, you must inform us in writing immediately, otherwise you may be liable for any loss or damage arising from such misuse. We reserve the right to terminate your access in the event of any misuse of your password.

Ownership

Crafti Content. Except with respect to User Content (defined below), all elements of the Platform, including the general design, as well as all text, still images, moving images, graphics, illustrations, audio, multi-media, vectors, software, data and the selection and arrangement of those elements and any Stock Files incorporated therein (collectively, “Crafti Content”) are owned by Crafti or its licensors and are protected by copyright, trademark, trade dress, moral rights and other US and international laws or treaties relating to intellectual property. You must enter into a License Agreement to use any of the Stock Files. You may not use Crafti’s trademarks or trade names, including without Crafti’s prior written consent. In addition, the look and feel of the Platform, including all elements of the design is the service mark, trademark and/or trade dress of Crafti and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, logos, and User Content mentioned or displayed on the Platform are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Crafti.


User Content. You acknowledge and agree that you are entirely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials that you upload, post, email, transmit or otherwise make available through the Platform (“User Content”, and together with the Crafti Content, “Content”). User Content excludes Stock Files you provide to Crafti under a License Agreement. You acknowledge that Crafti has no obligation to pre-screen User Content, although Crafti reserves the right in its sole discretion to pre-screen, refuse or remove any User Content. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Content, including without limitation chat, text, or voice communications.


License to User Content; User Name. By submitting User Content, which shall include your username, to any “public area” of the Platform, you grant Crafti a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works form, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. Notwithstanding anything contained herein to the contrary, by submitting User Content to any forums, comments or any other area on the Platform, you hereby expressly permit Crafti to identify you by your username (which may be a pseudonym) as the contributor of your User Content in any publication in any form, media or technology now known or later developed in connection with your User Content.

Use of the Platform

Modification of Terms. By using the Platform, you represent that you are over eighteen (18) and have the authority and right to agree to these Terms. If you are accessing the Platform on behalf of an entity, you further represent and warrant that you are authorized to accept these terms on such entity's behalf and that such entity agrees to indemnify Crafti for violations of these Terms. Crafti reserves the right to alter, modify or update these Terms at any time and you agree to be bound by such modifications, alterations or updates. In using the Platform and any Content, you represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. Crafti reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Crafti Content and information available on the Platform at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Crafti.


Design Editing Software Services. If you access the design editing and modification software tools available on the Platform ("Design Editing Software”), you are hereby granted a non-exclusive license to use the Design Editing Software for editing/modifying User Content, and subject to the terms of an applicable License Agreement, Crafti Content, that may be utilized, now and in the future, for any project, commercial or otherwise, including feature films, broadcast, educational, print, multimedia, games, merchandise, and the internet, subject to and contingent upon your compliance with these Terms. Subject to these Term sand the payment of any fees that we may charge you under the applicable License Agreement, Crafti will not charge an additional royalty or seek an additional payment from you with respect to the actual commercial exploitation of Content that you edit or modify with the Design Editing Software.


The license provided under these Terms for the Design Editing Software is a single-seat, individual license (the Design Editor License”).

Prohibited use of Platform and Content

Except to the extent expressly permitted in any License Agreement, you are specifically prohibited from the following:

• Removing, altering or changing any copyright information or other notices or metadata associated with the Content;
• Downloading, copying, or re-transmitting any or all of the Platform or the Content without, or in violation of, a License Agreement;
• Using any data mining, robots or similar data gathering or extraction technology or algorithms, including, without limitation, artificial intelligence, machine intelligence, or other generative tools and processes, to crawl, scrape or monitor the Platform or seek information on Platform visitors or Crafti's customers;
• Using Content (including any caption information, keywords or other metadata associated with Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
• Manipulating or otherwise displaying the Platform or the Content by using framing or similar navigational technology;
• Circumventing any restrictions or measures to limit access to the Platform;
• Registering or attempting to register for any products or services offered by Crafti if you are not authorized by the party to do so;
• Disclosing, selling or trading any password to restricted areas of the Platform or allowing any third party to have access to your password;
• Interfering in any manner, whether technological or otherwise with the function of the Platform or/and services offered by Crafti;
• Uploading, posting, e-mailing, transmitting or otherwise making available through the Platform any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities, including against minors;
• Impersonating any person or entity, including, but not limited to, Crafti personnel, or falsely state or otherwise misrepresenting your affiliation with any person or entity;
• Making available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
• Making available any Content that infringes the rights of any person or entity, including, without limitation, any patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary or contractual rights
• Exploiting or commercializing the Platform or the Content without the specific written authorization of Crafti
• Using the Platform and its Content other than for the intended purpose; or
• Advocating, encouraging, or assisting a third party in engaging in any of the foregoing activities in this section.

Crafti reserves the right to remove any User Content that violates the above restrictions or is otherwise objectionable, in Crafti’s sole discretion.

Privacy policy

To understand our practices, please review our Privacy Policy which is incorporated by reference into these Terms and also governs your use of the Platform.

Links to third party sites

Any third-party sites to which the Platform may provide links are not under Crafti’s control and it is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. You acknowledge that Crafti provides the links to you only as a convenience and it does not endorse the linked sites or their use or content.

Claims of infringement

If you believe that any Content appearing on the Platform infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address and/or email address listed below:


your name, address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; the exact URL or a description of each place where alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
a statement by you made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.


1710-80 John St, Toronto, Ontario, M5V3X4, Canada, and support@crafti.app.


Crafti seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in U.S.C. Section 512(c) or elsewhere.

Indemnity

You hereby agree to indemnify, defend and hold harmless, Crafti and its affiliates and their respective directors, officers, employees and agents from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) your use of, or inability to use, the Platform; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) your violation of any applicable law or regulation; (iv) any User Content posted by you onto the Platform; or (v) your violation of any third-party right, including, but not limited to, any intellectual property right.

General disclaimers

THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" AND CRAFTI EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CRAFTI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM CRAFTI CONTENT, USER CONTENT, OR THE UNAVAILABILITY OF THE PLATFORM OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS PLATFORM ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT CRAFTI, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS PLATFORM OR THE CONTENT. WE MAKE NO WARRANTY THAT THE PLATFORM OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of liability; class action waiver

IN NO EVENT SHALL CRAFTI, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM, THE SERVICES OFFERED THROUGH THE PLATFORM, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CRAFTI, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CRAFTI RECORDS, CONTENT, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CRAFTI, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CRAFTI FOR ACCESS OR USE OF THE PLATFORM.


CRAFTI GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. CRAFTI CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. CRAFTI IS NOT RESPONSIBLE AND DISCLAIMS ALL LIABILITY FOR ANY MISUSE OF THE CONTENT BY THIRD PARTIES OR ANY USER.


YOU AND CRAFTI AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR CRAFTI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR CRAFTI ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND CRAFTI FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, CRAFTI, AND ALL PARTIES TO ANY SUCH PROCEEDING.

Feedback

If you choose to correspond with us or our employees in any manner with respect to the Platform, including any Content, or any ideas for products, services, features, modifications, enhancements, content, refinements, promotions, or strategies, or product/feature names (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Crafti has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Crafti is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Crafti a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Contact

General questions or comments about the Platform or these Terms should be directed to support@crafti.app.

Termination

The license granted to you in these Terms terminates automatically upon any unauthorized use of the Platform and Crafti reserves the right to take any action we deem appropriate in connection with your violation of these Terms, including, without limitation, taking appropriate investigative and legal action for any illegal or unauthorized use of the Platform, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your usage history, IP addresses, and traffic information. You acknowledge that violation of any of the above restrictions may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from any such violation.

Miscellaneous

Governing Law; Dispute Resolution: These Terms are governed by and construed in accordance with the internal laws of the Province of Ontario, without reference to principles of conflicts of laws. Any controversy or claim arising out of or relating to these Terms or your use of the Platform shall be settled by arbitration administered by the Canadian Arbitration Association in accordance with its Arbitration Rules. Claims shall be heard by a single, neutral arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, accompanied by a reasoned opinion of the arbitrator. The place of arbitration shall be Toronto, Ontario, and the arbitration shall be governed by the laws of the Province of Ontario. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.


No Assignment: You may not assign or transfer these Terms without Crafti’s prior written approval.


No Waiver: No action of Crafti, other than express written waiver, may be construed as a waiver of any provision of these Terms. A delay on the part of Crafti in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.


Entire Agreement: These Terms, the Privacy Policy, and any applicable License Agreement (including any subscription terms referenced therein) constitute all of the terms of the agreement between you and Crafti and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the Terms and any applicable License Agreement, the terms of the License Agreement shall govern.