Terms of Service

1.Use of Website

  • 1.1.

    References in these Terms of Service to “Cinergix”, “we”, “us” or “our” are references to Cinergix Pty Ltd (ACN 130 459 906, ABN 69 130 459 906), a company incorporated in Victoria, Australia with its registered office at 1/28 Mentone Parade, Mentone, Victoria, 3194, Australia and trading as “creately.com”. The terms “you” and “your” are references to visitors to the Website and/or the Services (each as defined below) from time to time.

  • 1.2.

    These Terms of Service govern access to and use of the following website: www.creately.com or any subsequent URL used by Cinergix from time to time (Website). No additions to or modifications of these Terms of Service shall be effective unless accepted by us in writing. Cinergix may modify these Terms of Service by posting an updated copy of them on the Website from time to time. By continuing to use the Website or using the Services you agree to the amended Terms of Service.

  • 1.3.

    Cinergix has issued a Privacy Statement, located here: http://creately.com/privacy. The Privacy Statement, in such form as may be amended from time to time and posted on the Website, is hereby incorporated by reference into these Terms of Service as if set out in these Terms of Service in full. By using the Website or using any of the Services you are also agreeing to the terms of the Privacy Statement as contained on the Website. Among other things, the Privacy Statement sets out the information which Cinergix may gather about you through your use and/or membership of the Website or use of the Services and the way in which Cinergix will use that information.

  • 1.4.

    You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Service.

  • 1.5.

    Without limiting these Terms of Service, you agree to comply with all applicable laws regarding access to and use of the Website, the transmission of data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the internet.

  • 1.6.

    As a user you are granted the following limited licenses on the following terms:

    • 1.6.1.

      You may view, download for caching purposes only, and print pages from the Website, subject to the restrictions set out below and elsewhere in these Terms of Service;

    • 1.6.2.

      In relation to content on the Website that you have downloaded, Cinergix grants you a license to download the relevant Creately application, shapes and Knowledge Object set(s). Cinergix grants you a license to view, create, save, share, publish and print the designs that you create with the shapes and Knowledge Object set(s) (see: http://creately.com/help/Edit-Objects) you have downloaded; and

    • 1.6.3.

      These limited licenses terminate automatically, without notice to you, if you breach any of these Terms of Service. Upon any termination of these limited licenses, you agree to immediately cease using the Website and/or the Services and you are required to destroy cached copies of the Creately application, shapes and Knowledge Object set that you have downloaded.

  • 1.7.

    You must not (unless it is in connection with you uploading or using User Material in accordance with clause 6; in connection with your receipt of or use of the Services; where specifically permitted under these Terms of Service or where approved by us in writing):

    • 1.7.1.

      Republish material from the Website (including republication on another website);

    • 1.7.2.

      Sell, rent or sub-license material from the Website;

    • 1.7.3.

      Show any material from the Website in public;

    • 1.7.4.

      Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;

    • 1.7.5.

      Modify, alter, edit or enhance any material on the Website; or

    • 1.7.6.

      Redistribute material from the Website except for content specifically and expressly made available for redistribution.

  • 1.8.

    Where content other than your User Material is expressly made available by us for redistribution, it may only be redistributed within your organization or in the manner and to the extent stated by us from time to time (including when we authorize the redistribution).

  • 1.9.

    You shall not commit any act which causes or may cause damage or loss to our reputation or harms any trademarks or other intellectual property owned by us or an affiliate of ours and shall indemnify us for any loss or damage which may be suffered by us, or an affiliate of ours, as a result of any breach of any undertaking contained in this section.

  • 1.10.

    Cinergix has the right to terminate your access to the Website and/or use of any Services (in whole or in part) at any time, without notice, for any reason, including without limitation, breach of these Terms of Service. Cinergix may also at any time, at its sole discretion, discontinue the Website (or any part thereof) and/or the provision of any Services (or any part thereof) without prior notice and shall not be liable to you or any third party for any termination of your access to the Website or any Services.

2. Services

  • 2.1.

    The services which Cinergix provides, through the Website and subject to these Terms of Service are as follows:

    • 2.1.1.

      Free-of-charge services; which allow users to create publicly available documents and diagrams on any subject that can be collaborated on with a limited number of other users. Users can also share and publish the diagrams. These services are more fully described at http://creately.com/plans (such services, Public Services); and

    • 2.1.2.

      Paid-for services; which allow users to create publicly or privately available documents and diagrams on any subject that can be collaborated on with an unlimited number of other users. Users can also share and publish the diagrams. These services are more fully described at http://creately.com/plans (such services, Premium Services),

  • (the Public Services and the Premium Services, together, the Services). We may add other features and services from time to time and the level of access to these new features may vary depending on whether the user is a Paid Member or a Non-Paid Member. More information on the Services is set out at http://creately.com/plans.

  • 2.2.

    A reference to a Service on the Website does not imply that such Service is, or will be, available to you or in your jurisdiction in whole or in part.

  • 2.3.

    Casual users may use the Public Services without registration as a Member under clause 4and such users may also register as Members in the manner provided in clause 4.

  • 2.4.

    We may refuse to process a subscription transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any subscription transaction after processing has begun.

3. Charges for Services

  • 3.1.

    Cinergix shall charge Paid Members (as defined in clause 4) and Paid Members shall pay for the Premium Services provided by Cinergix to them as set out on http://creately.com/plans as may be amended from time to time (Charges).

  • 3.2.

    Currently there are no charges for the Public Services provided by Cinergix.

  • 3.3.

    Unless otherwise agreed in writing by Cinergix, the terms of payment are described on the applicable purchase page on the Website relating to the Services being purchased. This page also contains information about our pricing structure, payment terms and process. The Charges are exclusive of all taxes or duties levied or assessed in connection with the supply of the Services other than Australian GST (Goods and Services Tax) for Australian based users. The Charges are exclusive of any fees that the Member may be charged by their credit card provider or are otherwise incurred by the Member in relation to the payment of Charges.

  • 3.4.

    Cinergix reserves the right to increase the Charges from time to time and you will be given at least 14 days’ written notice on the Website of any such increase in Charges.

  • 3.5.

    When you join as a Paid Member, as provided in clause 4, you will be required to provide Cinergix with accurate, complete and current payment information for a valid payment method as indicated on the purchase page for your chosen product (Valid Payment Method). Current Valid Payment Methods comprise PayPal, or a Visa, MasterCard, American Express or JCB Credit or Debit card. We will advise you of changes to the list of Valid Payment Methods from time to time by notification on the Website.

  • 3.6.

    By becoming a Paid Member, you authorize Cinergix or its agent to bill your Valid Payment Method the applicable Charges and all applicable taxes, and any other charges Cinergix or you may incur in connection with your use of the Services.

  • 3.7.

    If Cinergix does not receive payment from your chosen Valid Payment Method, for any reason, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second Valid Payment Method before continuing to use the Services and you authorize Cinergix to charge outstanding Charges and other amounts due us against any credit card you have on file with us.

  • 3.8.

    If you choose to pay your charges via credit card we reserve the right to determine whether your credit card(s) is/are pre-authorized to accept a minimum charge equal to our Charges. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request that you provide a second valid credit card before continuing to use the Services.

  • 3.9.

    You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, currency conversion fees and/or charges and over-the-credit-limit fees.

  • 3.10.

    You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

  • 3.11.

    To the fullest extent permitted by law, we do not offer refunds or credits on any Charges.

4. Members, Password and Security

  • 4.1.

    Registered users on the Website are Members. Two categories of membership are available on the Website as follows :

    • 4.1.1.

      Members who are current paid-up subscribers to Premium Services are Paid Members and their account is a Paid Account; and

    • 4.1.2.

      Members who are not current paid-up subscribers to Premium Services are Non-Paid Members and their account is a Non-Paid Account.

  • 4.2.

    Paid Members have the right to access the Premium Services and the Public Services and Non-Paid Members have the right to access the Public Services only.

  • 4.3.

    Should you wish to register on the Website as a Member, you will be required to provide certain information and register a username and password for use on the Website. To register as Member, click the “Login” link in top right hand corner of any page on the Website and then click the “Sign up” link.

  • 4.4.

    A Member may be an individual person or other separate legal entity (e.g. a company). There shall be one user name and one password per person using the Website. A Member, being a company, may create separate logins for as many people as it likes. Accounts registered by “bots” or other automated methods are not permitted.

  • 4.5.

    You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account as a Member. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will Cinergix be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

  • 4.6.

    If you are using the Public Service you are not permitted to block ads.

  • 4.7.

    One person or legal entity may not maintain more than one Public Service.

  • 4.8.

    Cinergix has taken reasonable measures (physical, organizational and technological) to safeguard against unauthorized access to your personal information, and to safely store your personal information. However, the internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. Cinergix has no control over the practices of third parties (e.g., website links to the Website, third-party sponsors or third parties who misrepresent themselves as you or someone else).

  • 4.9.

    You agree that Cinergix may process your personal information that you provide to it for the purposes of providing any Services to you and (with your consent) sending marketing communications to you, and that the Privacy Statement set out on the Website (see http://creately.com/privacy) governs our collection and processing of your personal information.

  • 4.10.

    You agree to notify Cinergix immediately of any unauthorized use of your passwords or accounts and to reimburse Cinergix for any improper, unauthorized or illegal use of your passwords or accounts by you or by any person obtaining access to the Website, Services or otherwise, by using your designated username and password, whether or not you authorized such access.

  • 4.11.

    If an individual, you warrant to Cinergix that:

    • 4.11.1.

      You are not younger than the age of 13 years; (Age); and

    • 4.11.2.

      The information you supply to us when opening your account, purchasing a subscription and subsequently, are correct.

  • 4.12.

    If representing a separate legal entity (other than an individual), you warrant to Cinergix that:

    • 4.12.1.

      You are authorized to enter into binding legal obligations on behalf of such entity;

    • 4.12.2.

      The entity has the right, power and authority to execute and deliver and to exercise its rights and perform its obligations under these Terms of Service and any contract formed as anticipated by these Terms of Service; and

    • 4.12.3.

      The information supplied to us regarding the details of the entity and regarding the individuals associated with the entity supplied to us when opening the account, purchasing a subscription and subsequently, are correct.

  • 4.13.

    By agreeing to the Terms of Service you authorize us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm the facts warranted under this clause 4. You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us.

  • 4.14.

    It may be an offence for persons under the Age to make use of the Website or request a Service. If we are unable to confirm that you are the Age then we may suspend your account until such time that we are able to confirm that you are the Age.

  • 4.15.

    Individuals between the age of 13 and 18 years old should seek the permission of his or her parent or guardian before using the Website or accessing any Services. If an individual between the ages of 13 and 18 years old would like to become a Paid Member, a Valid Payment Method needs to be provided by a person over 18 years old and such Valid Payment Method must in all cases be used with that person’s full knowledge and consent.

  • 4.16.

    You authorize us to use your name, likeness, photograph(s), company logo, nature and extent of the Services you are using and/or other information you may provide to us from time to time on the Website to help promote the Website and/or the Services.

5. Cancellations and downgrades

  • 5.1.

    You are solely responsible for properly cancelling your Account. You can cancel your Account at any time by sending an email to support@creately.com. Cinergix will reply with a confirmation email and your Account will be terminated within 24hrs of the confirmation email.

  • 5.2.

    Cancelling a Paid Account will automatically convert it to a Non-Paid Account with the requisite features and capabilities. Any additional content may be deleted by Cinergix from the Service upon such cancellation. Cancelling a Non-Paid Account will cause your Account and all associated content to be deleted from the Service. This information cannot be recovered once your Account is cancelled.

  • 5.3.

    If you cancel the Premium Services before the end of your current paid up subscription period, your cancellation will take effect within 24hours and you will not be charged a renewal unless you subscribe again. We do not, as a matter of policy, refund unused subscription periods if you cancel prior to the end of a paid up subscription period.

  • 5.4.

    Downgrading your Services from a Premium Service to a Public Service may cause the loss of your User Material and other content, access to features, or capacity of your account. Cinergix does not accept any liability for such loss.

6. User Material

  • 6.1.

    In these Terms of Service, User Material means material (including without limitation text, images, diagrams, documents, audio material, video material and audio-visual material) that you submit to us for publication on the Website or for use within your diagrams on the Website.

  • 6.2.

    Cinergix does not claim ownership of User Material however, by posting User Material to any area of the Website or by setting the User Material to be shared publicly you grant to us and other users of the Website a worldwide, irrevocable (except where the Member who owns the User Material is currently on Premium Services), non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Material on the Website or in any other existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. We shall not be held liable for any use or disclosure of any User Material.

  • 6.3.

    User Material must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law and in any jurisdiction).

  • 6.4.

    User Material (and their publication on the Website) must not:

    • 6.4.1.

      Be libelous or maliciously false;

    • 6.4.2.

      Be obscene or indecent;

    • 6.4.3.

      Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

    • 6.4.4.

      Infringe any right of confidence, right of privacy, or right under data protection legislation;

    • 6.4.5.

      Constitute negligent advice or contain any negligent statement;

    • 6.4.6.

      Constitute an incitement to commit a crime;

    • 6.4.7.

      Be in contempt of any court, or in breach of any court order;

    • 6.4.8.

      Be in breach of racial or religious hatred or discrimination legislation;

    • 6.4.9.

      Be blasphemous;

    • 6.4.10.

      Be in breach of official secrets legislation;

    • 6.4.11.

      Be in breach of any contractual obligation owed to any person;

    • 6.4.12.

      Depict violence in an explicit, graphic or gratuitous manner;

    • 6.4.13.

      Be pornographic or sexually explicit

    • 6.4.14.

      Be untrue, false, inaccurate or misleading;

    • 6.4.15.

      Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

    • 6.4.16.

      Constitute spam;

    • 6.4.17.

      Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

    • 6.4.18.

      Cause annoyance, inconvenience or needless anxiety to any person.

  • 6.5.

    You must not use any User Material to link to any website or web page consisting of or containing material that would, were it posted on the Website, breach the provisions of these Terms of Service.

  • 6.6.

    You must not submit any User Material to the Website that are or have ever been the subject of any threatened or actual legal proceedings or other similar complaint.

  • 6.7.

    We reserve the right to edit or remove any User Material submitted to the Website, or stored on our servers, or hosted or published upon the Website.

  • 6.8.

    Notwithstanding our rights under these Terms of Service in relation to User Material, we have the right to, but do not undertake to, monitor the submission of User Material to, or the publication of User Material on, the Website.

7. Links to Third Party Websites

  • 7.1.

    The Website may include links to third party websites that are controlled and maintained by others. Accordingly, Cinergix cannot accept any responsibility for the materials or offers for services featured on such websites. Any link to other websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature, and you acknowledge and agree that Cinergix is not responsible for the content or availability of any such sites.

  • 7.2.

    Please note that any goods or services supplied or made available through websites which are linked to the Website are supplied by third parties and not by Cinergix (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold Cinergix liable for any loss or damage of any kind incurred as the result of any such dealings.

8. Disclaimers and limitation of liability

  • 8.1.

    The nature of internet communications means that the Website may be susceptible to data corruption, interception, non-availability and delays. The Website may also be unavailable from time to time due to repairs, maintenance or development work.

  • 8.2.

    You understand that Cinergix uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Services.

  • 8.3.

    You agree that Cinergix has no obligation to provide support for the Website. Technical support, if provided at Cinergix’s option, is only provided on our support site and is available via email. Cinergix makes no warranties regarding the timing or results of responses to technical support requests.

  • 8.4.

    You understand that the technical processing and transmission of the Website and the Services, including User Material, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  • 8.5.

    User Material (whether your own or other users) has been created and uploaded by people over whom Cinergix exercises no control. The User Material is uploaded in an automated manner and Cinergix does not screen the User Material. Cinergix assumes no responsibility for the content of any User Material.

  • 8.6.

    Use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made, and without warranty or guarantee of any kind, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Cinergix makes no warranty that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

  • 8.7.

    Without limiting clause 8.6, Cinergix does not warrant that (i) the Website or the Services will meet your specific requirements, (ii) the Website or the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website or the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website or the Services will meet your expectations, and (v) any errors in the Website or the Services will be corrected.

  • 8.8.

    To the extent permitted by law, Cinergix, its directors, employees or other representatives, will not be liable for any loss or damage (whether direct or indirect or consequential loss) whatsoever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with your use of the Services or the Website or your review of any User Material or any other content on the Website, whether caused by negligence or otherwise.

  • 8.9.

    If you are dissatisfied with the Website or any content or materials in it, your sole exclusive remedy is to discontinue your use of it.

  • 8.10.

    If any of your User Material or any documents or diagrams incorporating any of your User Material is lost, corrupted, deleted, defaced, deemed unreadable or unable to be accessed your sole, exclusive remedy is to request the electronic supply of the original Cinergix created Knowledge Objects.

  • 8.11.

    All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from the Terms of Service.

  • 8.12.

    No warranties, representations or undertakings are given or implied by or on behalf of Cinergix in relation to any User Material or any other content on the Website including, without limitation, any material listed on, contained in or referred to on the Website. All User Material and all information, descriptions, diagrams, photographs and similar listed on, contained in or referred to on the Website is a statement by the user that uploaded the User Material and not a statement by Cinergix.

  • 8.13.

    Nothing in these Terms of Service or in any contract formed as anticipated by them shall exclude or restrict Cinergix’s liability in respect to fraudulent misrepresentation; or any other liability which cannot be limited by applicable law. Except to the extent permitted by applicable law, these terms are to be modified to the extent necessary to give effect to that intention.

  • 8.14.

    Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.

  • 8.15.

    Each user agrees and confirms that no claim may be brought by it against Cinergix arising out of or in connection with any inaccuracy in any information comprising part of the Services arising as a result of any untruth, inaccuracy or incompleteness of the Service or any User Material.

  • 8.16.

    Without limitation to any other rights Cinergix may have, each user agrees to indemnify and hold Cinergix harmless from and against any claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) suffered or incurred by Cinergix, or an affiliate of Cinergix, in consequence of any User Material supplied by or on behalf of such user or arising out of a breach of clause 6.

  • 8.17.

    To the fullest extent permitted by applicable law, the maximum aggregate liability of Cinergix to any users for anything relating to or connected to the Website or the Services is the amount of money received by Cinergix as Charges or otherwise under this Website from such user. For Paid Members this shall be calculated as an amount equal to the pro rata cost of one month of Services paid by the relevant Paid Member to Cinergix calculated by reference to its last payment to Cinergix.

9. Cinergix’s remedies

  • 9.1.

    You agree that any unauthorized use of our Website, the Services and/or any related materials as a result of your negligent act or omission would result in irreparable injury to Cinergix.

  • 9.2.

    No particulars, statements or descriptions, in whatever form provided by Cinergix concerning the Services, nor any verbal representations by any agent, employee or representative of Cinergix, shall form part of the Terms of Service or be treated as constituting a representation on the part of Cinergix.

  • 9.3.

    Whilst Cinergix endeavors to tell you about changes to Services, Cinergix is entitled to modify or discontinue the provision of Services (or any of them) at any time without notifying you.

  • 9.4.

    Without limitation to any other rights Cinergix may have, you agree to indemnify and hold Cinergix harmless from and against any breach by you of these Terms of Service, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Cinergix, or an affiliate of Cinergix, in consequence of your breach of these Terms of Service.

  • 9.5.

    You must not transmit any worms or viruses or any code of a destructive nature.

  • 9.6.

    You agree not to upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

  • 9.7.

    Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Cinergix customer, employee, member, or officer will result in immediate account termination.

  • 9.8.

    If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Cinergix) of other Creately customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.

10. Confidentiality

  • 10.1.

    Subject to clause 10.2 and other than in the case of User Material which can be accessed through a public URL, the user will treat as strictly confidential (A) all information received or obtained as a result of accessing the Website, receiving the Services or otherwise relating to Cinergix, (B) the subject matter and provisions of the Website and these Terms of Service, and (C) any negotiations between the parties.

  • 10.2.

    The user may disclose information which would otherwise be confidential, if and to the extent, (A) required by law, (B) the information has come into the public domain through no fault of the user, or (C) Cinergix has given prior written approval of the disclosure, provided in each case that, subject to law, any such information will be disclosed only after consultation with Cinergix.

11. Trademarks and copyright

  • 11.1.

    The user shall not commit any act which causes or may cause damage or loss to the reputation of Cinergix or harm the trademarks "Creately"; "Knowledge Objects"; "KObjects"; "Share.Reuse.Innovate"; the three men design; the stylized light bulb design; "Cinergix"; any associated trademarks or any other trademarks owned by Cinergix or an affiliate of Cinergix (Trademarks).

  • 11.2.

    The user shall not acquire any right, title or interest in or to the Trademarks or the goodwill associated therewith, or in or to any of the advertising, promotional or merchandising work or material for or relating to the Services and belonging to or developed by or for Cinergix, and shall indemnify Cinergix for any loss or damage which may be suffered by Cinergix, or an affiliate of Cinergix, as a result of any breach of any undertaking contained in this clause.

  • 11.3.

    Cinergix or our licensors own the domain names for the Website and all intellectual property rights in the Website and the material on the Website. Such material may include, but shall not be limited to, compiled files, text, text elements, logos, buttons, images, icons, source code, site design, structure, layout and distribution, including the “look and feel” of the Website or any part of it as well as the selection, assembly and arrangement thereof and any analysis Cinergix may make of any such material or data). Subject to the limited license rights contained in clause 1.7, all these intellectual property rights are reserved.

  • 11.4.

    You must not modify, adapt or hack the Website or the Services or modify another website so as to falsely imply that it is associated with the Website, the Services, Cinergix, or any other Cinergix service.

  • 11.5.

    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or the Services, use of the Service, or access to the Website or the Services without the express written permission by Cinergix.

  • 11.6.

    For the avoidance of doubt, except where necessary for viewing the content of this Website on your computer or on this Website or your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Service, you may only use the Cinergix supplied content, including downloaded Knowledge Object set(s) and previously saved designs for use in your own designs. Cinergix supplied content may not be resold, reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Cinergix. You may be liable for prosecution if you share or distribute such content to another person. Your own original designs, which may incorporate the Cinergix supplied content, are not subject to these restrictions.

12. Other provisions

  • 12.1.

    The user may not assign any of its rights under these Terms of Service without the prior written consent of Cinergix and no variation of the Terms of Service is effective unless agreed in writing by Cinergix.

  • 12.2.

    Cinergix may at any time, without the consent of the user, assign all or any part of its rights, benefits and/or obligations arising pursuant to these Terms of Service to a competent third party.

  • 12.3.

    If any provision of the Terms of Service is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms of Service shall not be affected.

  • 12.4.

    Neither the failure to exercise nor any delay in exercising any right under the Terms of Service shall impair or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right under the Terms of Service shall prevent any further or other exercise thereof or the exercise of any other right.

  • 12.5.

    Subject to clause 12.6, these Terms of Service and any document expressly referred to in them (including, without limitation, the Privacy Statement) represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

  • 12.6.

    If you are using the Creately Desktop,then the Creately Desktop - End User License Agreement (CD EULA)applies to you (see http://creately.com/tos/eula). If you are using one or more of the Creately Plugins (comprising the Creately for Confluence Plugin; the Creately for JIRA Plugin and the Creately for Fogbugz Plugin), then the Creately Plugins – End User License Agreement (CP EULA) applies to you (see Fogbugz EULA: https://creately.com/plugin/fogbugz/eula; Confluence EULA: https://creately.com/plugin/confluence/eula and JIRA EULA:https://creately.com/plugin/jira/eula). In such case please read the CD EULA and the CP EULA, as applicable, in conjunction with these Terms of Service.

  • 12.7.

    Nothing in these Terms of Service constitutes, or will be deemed to constitute, a partnership between Cinergix and the user, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other of us for any purpose.

  • 12.8.

    No person who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service provided that all rights of Cinergix under these Terms of Service shall extend (as determined by Cinergix) to all its affiliates, successors, assigns and licensors.

  • 12.9.

    If you wish to communicate with Cinergix, please email us at support@creately.com.

  • 12.10.

    These Terms of Service are governed by, and construed in accordance with the laws of Victoria, Australia, with the exception of the conflict of law rules as apply in Victoria, Australia, and you hereby submit to then on-exclusive jurisdiction of the courts of Victoria, Australia. This clause will survive any expiry, cancellation or termination of these Terms of Service for any reason

These Terms of Service were last updated on: 8 November 2011.

© 2011 Cinergix Pty Ltd (ACN 130 459 906, ABN 69 130 459 906). All Rights Reserved.