Agreement between the user and Cremeyaad
Welcome to the Cremeyaad website. Crème Group DBA Cremeyaad (referred to in these Terms of Use as “Cremeyaad,” “we,” or “us”) operates a number of web sites (each a “Site” and, collectively, the “Sites”), including the web pages located on the following domains:
- cremeyaad.com
- sales.cremeyaad.com
and all of their respective subdomains and web sites.
Cremeyaad requires you to use a modern web browser in order to access or use the Sites or the Marketplace Tools. For purposes of the preceding sentence, a “modern web browser” is defined as the two most recent versions of the following web browsers: Google Chrome, Edge, Safari, Firefox.
By clicking to accept or agree to the Terms of Use when this option is made available to you, you signify your agreement to these Terms of Use and Cremeyaad Privacy Policy, which are incorporated herein by reference. The use of the Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Cremeyaad does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18), you may use the Site only with permission of a parent or guardian.
Cremeyaad reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Cremeyaad encourages you to periodically review the Terms to stay informed of our updates.
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Payment and commissions
Payment of a commission is required for each seller who participates in the Marketplace Tools. This rate is set at 9.8% of the total sale price. Buyers are required to make payments including product price, and delivery charges on ordering.
Sellers may issue vouchers provided through codes that buyers may use to get a discount on their purchase. Commission will be charged as a percentage of the sale amount after discount.
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Term
All accounts are valid starting upon sign and approval by admin and ending when the admin or user choose to close the account. We reserve the right to grant extended access and remove accounts on a case-by-case basis.
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Conduct on the Site
All students using the Site must agree to abide by basic decency. In addition, unless inconsistent with basic decency, you may not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- download any file posted by another user that you know or reasonably should know, cannot be legally distributed in such matter,
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- restrict or inhibit any other user from using and enjoying the Site;
- provide any information about yourself that is false, inaccurate, outdated, or incomplete (including, without limitation, fake email addresses);
- impersonate or attempt to impersonate Cremeyaad, a Cremeyaad employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- attempt to obtain or obtain access to the Site as an administrator, if you are a buyer or seller.
Cremeyaad permits the use of screen shots or exported data as specified by professors and when consistent with these Terms. Your rights to use the intellectual property from the Site are further specified in Section 9, below.
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Security of passwords
You agree to provide true, accurate, current, and complete information about yourself as requested in the registration process and to update your information. You may not reveal your subscription password to anyone else and you may not use anyone else’s password to access the Service. You are solely responsible for maintaining the confidentiality of your password, and agree that Cremeyaad will have no obligations with regard thereto.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cremeyaad is not responsible for third party access to your account that results from theft or misappropriation of your account. Cremeyaad and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
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Return Policy
Please contact our Support Department at support@cremeyaad.com or +1 781 530 4464 and indicate your desire to return any unused products. The unused products can be returned within 7 days of purchase. If a product is returned, after mediating between the buyer and seller, we will pick it up from the buyer and ship it back to the seller. Any payment for the amount will be refunded. We cannot accept returns for products that have been used or otherwise tampered with.
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Links to third party sites/Third party services
The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cremeyaad and Cremeyaad is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cremeyaad is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cremeyaad of the Site or any association with its operators.
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Content submitted to the Site
By submitting content for use with, through or on the Site, you represent and warrant that: (i) you have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; (ii) the content that you submit will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; and (iii) the content that you submit is not and will not violate any law, statute, ordinance or regulation.
By submitting content to us, you grant Cremeyaad, our affiliates, and our business partners worldwide, royalty-free, nonexclusive license to use, reproduce, publicly perform, publicly display, broadcast, encode, translate, transmit, distribute, and synchronize your content, in whole or in part, through any medium.
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Indemnification
To the extent permitted by the law applicable to you and without waiving sovereign immunity, you agree to indemnify, defend and hold harmless, Cremeyaad and its officers, directors, shareholders, employees, agents, content providers, customers and suppliers from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of the Site and any of the content obtained on or through the Site; (ii) any breach by you of this Terms of Use; and (iii) any other activity by you on or in connection with the Site (including, without limitation, infringement of third parties’ intellectual property rights or any other negligent, illegal or wrongful conduct) by you or any other person accessing the Site using your account.
Cremeyaad reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cremeyaad in asserting any available defenses.
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No unlawful or prohibited use, Intellectual Property, and user conduct
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you agree not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials except as provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Site, is the property of Cremeyaad or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Content displayed through the website contain proprietary and confidential information from which Cremeyaad derives economic value. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, if it results in the disclosure of Cremeyaad confidential or proprietary information or in a manner inconsistent with fair use of copyright (17 U.S.C § 107). Cremeyaad content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.
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International Users
The Site is controlled, operated, and administered by Cremeyaad from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all laws and regulations governing the use, import, export, re-export, and transfer of these services. You agree that you will not use the Cremeyaad Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
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Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CREMEYAAD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CREMEYAAD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CREMEYAAD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREMEYAAD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CREMEYAAD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
CREMEYAAD’ ENTIRE LIABILITY UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT PAID BY ANY INDIVIDUAL USER FOR AN INDIVIDUAL LICENSE FEE. ALL LIABILITY UNDER THIS AGREEMENT IS CUMULATIVE AND NOT PER INCIDENT.
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Termination/access restriction
Cremeyaad reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Massachusetts, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Norfolk County, Massachusetts, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cremeyaad as a result of this agreement or use of the Site. Cremeyaad’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Cremeyaad’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Cremeyaad with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement and Privacy Policy constitutes the entire agreement between the user and Cremeyaad with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Us
Cremeyaad welcomes your questions or comments regarding the Terms:
Cremeyaad
Attn: Technical Support
3 Markle Circle,
Randolph, MA, 02368.
United States
Email address: support@cremeyaad.com
Telephone number: +1 781 530 4464