Terms and Conditions

Effective Date: July 05, 2024

Welcome to CreamScan! This Terms of Service is a contract entered into by and between You (“you” or “User”) and CreamScan (“CreamScan,” “We,” or “us”), and our affiliates, to the extent expressly stated. These terms and conditions (together with our Privacy Policy and Product Disclaimer the “Terms of Service” or “Terms”) govern your access to and use of https://creamscan.com (our “Website”) and any software, application, content, functionality, and services (collectively, with the Website, the “Service” or “Services”) offered by CreamScan, whether as a guest or registered user.

Please read the Terms of Service carefully before you start to use or access our Services. This agreement is an electronic contract that sets out legally binding terms. You must accept the Terms to use the Service. By using our Service, you accept and agree to be bound and abide by these Terms.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS WITHIN THIS TERMS OF SERVICE OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE OUR SERVICES.

1. Age Restrictions

The Services are intended for users 18 and older. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms. If you are not at least 18 years old, you must not use the Services.

2. Changes to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Website. All changes are effective immediately when we post them. CreamScan may provide reasonable notice of any material changes, determined at our sole discretion, by e-mailing our registered users. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms.

You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.

3. Reliance on Information Contained on Creamscan

The information presented on or through the Service is for general informational purposes only. Any product ratings, scores, descriptions or reviews are only the opinions of CreamScan or its respective third-party.

CreamScan helps consumers make informed decisions about cosmetic products. We hope to empower our users to reasonably use cosmetic products by providing information on ingredients used in cosmetic products. However, we make no representations or warranties regarding the accuracy or reliability of any information found on or through the Service. We do not guarantee that a specific product or ingredient is suitable for your needs. Any information found on or transmitted through CreamScan is not medical advice nor should you use the information to determine the suitability or reliability of any cosmetic product for your specific needs. We encourage you to conduct your own research prior to using any cosmetic or personal care product.

Creamscan does not assume any liability for faulty information about products. Please take the time to carefully read the products information made available by the manufacturers on the packaging or on the manufacturers’ websites. Creamscan makes no representations or warranties about any of the products rated or assessed on the Site and hereby disclaims all warranties with regard to the products rated or assessed on the Site. You acknowledge and agree that you assume all risk when using CreamScan, including without limitation, your reliance on any information contained on or through the Service.

For more information, please see our Product Information and Rating Disclaimer, expressly incorporated herein. By accessing or using CreamScan, you agree to the terms and conditions contained within the Product Disclaimer. If you do not agree with the Product Disclaimer, please do not use CreamScan.

4. User Accounts

You may register for a user Account (“Account”) on the Service. Registered users will be able to access the full array of features found on our platform. In order to register an Account, you will be asked to provide registration information, including your username and email address, when signing up for an Account.

You are responsible for maintaining the security and confidentiality of your Account information, including your password. You agree that you are solely responsible for any and all losses incurred by us or any other user or visitor to the Services due to someone else using your Account as a result of your failing to keep your Account information secure and confidential. You acknowledge that CreamScan is not responsible for third-party access to your Account information or personal information that results from voluntary distribution or theft or misappropriation of your username or password or personal information. It is a condition of your use of the Services that all the information you provide on your Account will be correct, current, and complete.

5. Privacy Policy

Your submission of personal information through the Website is governed by our Privacy Policy accessible at: creamscan.com/privacypolicy.

6. User Content

Once you have registered an Account, you will be able to update your interests, provide reviews, upload cosmetic information and photographs, and otherwise post content (“User Content”) on CreamScan. Please ensure your conduct and communications, including your User Content, is accurate and respectful of others. User Content may be visible to all users on CreamScan as well as members of the public.

By providing any User Content on CreamScan, you grant us and our affiliates, service providers, licensees, successors, and assigns an irrevocable, non-exclusive, royalty free, fully paid-up, perpetual, worldwide right and license to use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the User Content, (ii) prepare derivative works of the User Content or incorporate the User Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, so that CreamScan can prevent the use of your User Content outside of the Service, you authorize CreamScan to act on your behalf with respect to infringing uses of your User Content taken from the Service by other users or third parties. In consideration for CreamScan allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to CreamScan regarding our Services, you agree that CreamScan may use and share such feedback for any purpose without compensating you. Our license to your User Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any User Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.

You acknowledge and agree that:

Your User Content is correct, current and complete;
Your User Content complies with these Terms of Service;
Your User Content is relevant to the intended use of the Services;
Your User Content will not subject CreamScan to liability of any kind;
Your User Content is compliant with our User Content Standards, set out below;
You own or control all rights in and to your User Content;
You do not have any rights in relation to the User Content of other users and you may only use other users’ User Content in a manner that is consistent with the intent of the Services; and
You are responsible for any User Content you submit or contribute, and you, not CreamScan, have full responsibility for such Content, including its reliability, accuracy, appropriateness and legality.

USER CONTENT STANDARDS

All User Content must NOT:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization, including us.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

To ensure our User Content Standards, we have the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion.
Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users or the public, or could create liability for CreamScan.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, for any violation of these Terms of Service.

Because we cannot control what users may post, we are not responsible or liable to you or any third party for any User Content posted by you or any users on the Service. User Content is the sole responsibility of the user who posts it and CreamScan cannot guarantee that all User Content will comply with these Terms. Please let us know of any violations of our Content Standards or these Terms by contacting us at: [email protected]

7. Non-commercial Use

The Service is for personal use only. Any other use, (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, links to other websites and use by competitors and the media) is considered Commercial use (“Commercial Use”) by Commercial users (“Commercial Users”). For example, users may not use the Service in connection with any commercial endeavors such as: (i) advertising or soliciting any user to buy or sell any products or services not offered by CreamScan, (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes, (iii) press or media purposes of any kind; all media inquiries should be directed to [email protected], (iv) CreamScan leads or customer information, even if ultimately requested or received off the site, or (v) scraping or otherwise collecting data or information of any kind. Organizations, companies, agencies, and/or businesses may not become users and should not use the Service for any purpose, unless previously authorized by CreamScan. Users of the Service may not use any information obtained from the Service to contact, advertise, solicit, or sell to any other user without his or her prior explicit consent.

8. Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree NOT to use the Services:

In any way that violates these Terms.
In any way that violates our User Content Standards.
In a way that is inconsistent with the intended use of the Services.
In a way that may harm the reputation of CreamScan or its affiliates.
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To request a third party to post a review in exchange for a free product or other compensation.
To post a review about a particular cosmetic product if you are an individual or organization involved in the manufacturing and sales of that cosmetic product.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate CreamScan, a CreamScan employee, another user, or any other person or entity (including, without limitation, by using email addresses or Account names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm CreamScan or users of the Services, or expose them to liability.

Additionally, you agree not to:

Any Commercial Use or competitive purpose, including copying, soliciting, competitive or market analysis, or any other use by a competitor.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
Encourage, promote, or agree to engage in any activity that violates these Terms.
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services.
"Frame" or "mirror" any part of the Service.
Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
Use another user’s Account.
Use meta tags or code or other devices containing any reference to CreamScan or the platform (or any trademark, trade name, service mark, logo or slogan of CreamScan) to direct any person to any other website for any purpose.
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use or develop any third-party applications that interact with our Services or User Content information without our written consent.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Use, access, or publish the CreamScan application programming interface without our written consent.
Use the Services in connection with pyramid schemes, multi-level marketing schemes, or similar practices.
Using the Service in order to damage CreamScan, or any related websites, affiliates, or subsidiaries.
Using the Service to encourage, promote, facilitate, or instruct others to engage in illegal activity.
Probe, scan or test the vulnerability of our Services or any system or network.
Otherwise attempt to interfere with the proper working of the Services.

9. Terms of Service Violations and Termination

Any violation of these Terms of Service shall result in immediate Account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of CreamScan's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice, refund, or liability of any kind.

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings on the Website or by contacting us at: [email protected]. If you delete your Account, CreamScan may still retain certain information associated with your Account for analytical purposes and record-keeping integrity, as well as to prevent fraud, collect any fees owed, enforce our terms and conditions, take actions we deem necessary to protect the integrity of our Service and our users, or take other actions otherwise permitted by law. As well, if certain information has already been provided to third parties as described in our Privacy Policy, retention of that information will be subject to those third parties’ policies.

10. Intellectual Property Rights

The Services and its entire contents, features, and functionality (including but not limited to the Website, CreamScan ranking results and underlying analysis/methodology, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the CreamScan, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

CreamScan hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to use the Service for your personal, non-commercial use, as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. You must not attempt to dissemble or reverse engineer the code used to compile the Service or the CreamScan ranking methodology. Further you must not use the Services for any other purposes intended to benefit a party other than you.

The CreamScan name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are trademarks of CreamScan or its affiliates or licensors. You must not use such marks without the prior written permission of CreamScan. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.

If you believe the material contained within the Services violates your intellectual property rights or these Terms of Service, please contact CreamScan at: [email protected].

11. Digital Millennium Copyright Act

CreamScan respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any User Content deemed to have been posted or distributed in violation of any such laws.

Please contact us at the e-mail address below for any Notification of Claimed Infringement which may be given under the Digital Millennium Copyright Act (the “Act”).

Email: [email protected]

If you believe that your work has been copied on the Website and/or the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) 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; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

12. Third-Party Affiliate Links

We may receive a commission, fee, and/or other compensation on some purchases made through the Website or linked to third-party affiliates. It does not add any cost to you as the customer and the commission is paid entirely by the retailer. If we provide an affiliate link, we will clearly and conspicuously disclose any affiliate relationship within the description.

13. Third-Party Content, Advertisements and Promotions

The Services may contain links to third-party products or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their products or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on the Services.

14. Warranty Disclaimers

THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. CREAMSCAN DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICE. CREAMSCAN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, SAFETY OR RELIABILITY OF ANY COSMETIC PRODUCT OR ITS RANKING FOUND ON THE SERVICE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
CREAMSCAN IS NOT RESPONSIBLE FOR: ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE OR ANY CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO USERS
WE PROVIDE THE SERVICES "AS IS" AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITE, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
FROM TIME TO TIME, CREAMSCAN MAY MAKE THIRD-PARTY OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER THIRD-PARTY INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE AND/OR THROUGH THE SERVICE. ALL THIRD-PARTY CONTENT IS THE RESPONSIBILITY OF THE RESPECTIVE AUTHORS THEREOF AND SHOULD NOT NECESSARILY BE RELIED UPON. SUCH THIRD-PARTY AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT. CREAMSCAN DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL CREAMSCAN OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION, USER CONTENT OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY USER.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, THE WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SERVICES. IN NO EVENT WILL CREAMSCAN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CREAMSCAN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE CREAMSCAN FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF, OR RELATED TO THE INFORMATION CONTAINED OR TRANSMITTED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES.
CREAMSCAN SPECIFICALLY DISCLAIMS ALL LIABILITY, DAMAGES, PERSONAL INJURIES AND OTHER LIABILITY OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF, OR RELATING TO, YOUR: USER CONTENT, FINANCIAL DATA, OR ANY OTHER DATA YOU SUBMIT TO CREAMSCAN, INCLUDING THE LOSS OR UNAUTHORIZED ACCESS BY A THIRD PARTY OF ANY SUCH DATA; DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE; OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICE. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT CREAMSCAN IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL MATERIALS OR CONDUCT OR THAT OF THIRD PARTIES, AND WE RESERVE THE RIGHT TO REMOVE SUCH MATERIALS FROM THE SERVICE WITHOUT LIABILITY OR NOTICE TO YOU.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

16. Indemnification

You agree to indemnify and hold CreamScan, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity or (iv) your User Content. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless CreamScan and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.

17. Survival

After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.

18. Assignability

You may not assign the Terms of Service, or any of its rights or obligations hereunder, without CreamScan’s prior written consent in the form of a written instrument signed by a duly authorized representative of CreamScan. CreamScan may freely assign this Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

19. Waiver and Severability

No waiver by CreamScan of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CreamScan to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

20. Access of the Site Outside the United States

CreamScan is hosted in the United States. Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

In order to access or use the Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and your license to use the Services will be immediately revoked.

21. Consent to Use Electronic Records

In connection with the Terms of Service, you may be entitled to receive certain records from CreamScan or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.

22. Entire Agreement

This Terms of Service, constitute the sole and entire agreement between you and CreamScan and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.

23. Contact Information

For questions or concerns related to these Terms, please contact us at: [email protected]