Terms and Conditions
Last modification:
March 3, 2025
1 - Terms of Service
1.1 - This agreement is concluded between the User using the Createc Media platform and the Site Administrator, in order to establish the terms and conditions of access to the services offered.
1.2 - Createc is in the publishing sector, has a system that allows you to order various services and offers the possibility to upload, store and distribute e-books for retail sale through third party libraries.
1.3 - The User is engaged in publishing activities and is interested in the creation of archives and services for the distribution and sale of digital works.
1.4 - The agreement between the User and the Administrator is expressed in this document, its updates and the data privacy policy. The User accepts all the conditions expressed in this document, which he/she declares to have read and accepted before starting. In case of non-acceptance, the User must immediately stop using the services offered therein.
1.5 - The Manager reserves the right to make changes to these conditions at any time. Changes will be retroactive and the User's continued use constitutes his or her implied acceptance of the new terms and conditions listed herein.
1.6 - For any dispute concerning the validity, existence, interpretation and execution of this agreement, the Court of Madrid, Spain will be competent. The User declares to have read the information and accepts that Createc uses and keeps the data provided for the purpose of executing this contract.
2 - User Proprietary Information
2.1 - User shall mean the party disclosing proprietary information, and Createc shall mean the party to whom proprietary information is disclosed.
2.2 - Createc will work with the files received (Word, PDF, Adobe InDesign or any other type) provided by the User.
2.3 - For purposes of this Agreement, "Proprietary Information" shall be defined as information including all non-public, confidential or proprietary information, oral and written, relating to the potential transaction; analyses, compilations, studies, notes or other documents containing or reflecting such information; including files in any form, designs, characters, stories, scripts, music and effects; including any secret process, formula or other trade, commercial, financial, customer, management or operational secrets that are available in connection with the transaction.
2.4 - Upon receipt of Proprietary Information, Createc will hold in strict confidence and will not disclose to any person or entity not bound by this Agreement any of User's Proprietary Information, except as otherwise provided in the terms and conditions of this Agreement. Createc will not use such Proprietary Information except for the purposes identified above without User's prior approval and will destroy it from its servers, computers and all devices after the provision of the ordered service.
2.5 - Createc shall not be liable for the disclosure or use of any Proprietary Information if the same:
- a) Is in or enters the public domain, except for breach of this Agreement, prior to such disclosure by Createc;
- b) is known to Createc at the time of first receipt, or is subsequently known to Createc before or after such disclosure without similar restrictions from a source other than the User, as evidenced by written records;
2.6 - Createc will make User Proprietary Information available only to those of its employees who have a 'need to know' to perform their duties in connection with the purpose set forth in the recitals herein. Createc will not mechanically copy or otherwise reproduce the Proprietary Information.
2.7 - The disclosure of Proprietary Information hereunder shall not be construed as granting a license under any patent, patent application or copyright, or any proprietary right in such Proprietary Information, nor shall such disclosure constitute any representation, warranty, guarantee or Inducement by User with respect to infringement of patents or other rights of third parties.
2.8 - This Agreement shall prevail in lieu of and notwithstanding any proprietary or restrictive legends or statements that are inconsistent with this Agreement that may be associated with any particular information disclosed hereunder.
3 - Disclaimer
3.1 - The Responsible Party shall not be liable for any damages or consequences arising therefrom, as well as for the impossibility of accessing the same, and shall not be responsible for the reliability of the contents.
3.2 - The Manager reserves the right to modify the contents and services offered at any time and without prior notice.
3.3 The User undertakes not to:
- a) Use the product in such a way that it harms the Manager or its customers;
- b) Using unsolicited collective messages or unsolicited commercial messages as a destination for hyperlinks;
- c) Damage, disable, overburden, or impair the services or interfere with the use of the same by other users;
- d) To resell, in whole or in part, the services;
- e) Use the services for purposes and in a manner not covered by this agreement and in any case that does not comply with applicable laws and standards;
- f) Use the services to request the creation of files whose content favors illicit acts;
- h) Violate and misuse copyrights, privacy and publicity rights, trade secrets, patents and other legal rights;
- h) Upload files in order to disable, interfere in any other way with security systems, digital rights management, verification and authentication mechanisms and any other service or technology;
- i) Performing acts intended to interfere with the services, with the intent of this agreement and with the business practices of the Administrator.
3.4 - The site and its contents (texts, images, graphics, videos, audio, databases, software and other intellectual works) are creative works and therefore protected by copyright law. The violation of related rights implies the application of penal and administrative sanctions, in addition to the economic sanctions provided for by the civil code.
3.5 - All registered and unregistered trademarks and other distinctive trademarks published on the Site belong to their respective owners and cannot be granted unless otherwise specified. The logo, images and graphics of the Site may not be used without the prior written consent of the Administrator.
3.6 - The Manager undertakes to respect the intellectual property rights of third parties. Therefore, anyone who believes that their rights have been violated may contact the site to request the removal of the material and identify extrajudicial solutions.
4 - Warranty and limitation of liability
4.2 - The services are granted to the registered User under a non-exclusive license.
4.3 - The Manager provides the service 'as is', 'with all faults' and 'as available' and does not warrant the accuracy of the information made available by the service. The Manager and its affiliates and suppliers make no express warranties or conditions. The User may enjoy other consumer rights based on local law over which this agreement does not prevail. The Manager disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement of third party rights. This limited warranty also applies to any related items. It also applies to:
- a) Contents (including codes) of the site;
- b) Viruses or other harmful elements that compromise the access to use
- c) Incompatibility between the service offered and other services, software and hardware;
- d) Delays or inefficiencies incurred in initiating, making or completing transmissions or transactions in an accurate and timely manner;
- e) Claims for breach of contract, warranty or condition, strict liability, negligence or other irregularity.
4.4 - The Operator may make changes to the site services or eliminate functions at any time and for any reason. The service may be suspended for an indefinite period of time or even prolonged interruptions. In the event of cancellation or suspension of the service, stored data may no longer be accessible.
5 - Accessibility statement
5.1 - Createc is committed to ensuring digital accessibility for people with disabilities. We are continuously improving the user experience for all and applying the relevant accessibility standards.
5.2 - Conformance Status: The Web Content Accessibility Guidelines (WCAG) define requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA and Level AAA.
5.3 - Createc is making constant efforts to improve the accessibility of its site and services in the belief that it is our collective moral obligation to enable seamless, accessible and unimpeded use for those of us with disabilities. Our goal is to make all pages and content on Createc.com accessible, but some content may not yet fully comply with the highest accessibility standards. This may be due to challenges in identifying the most appropriate technological solution. We may revise this Statement periodically to reflect improvements or changes to our accessibility practices.
5.4 - Feedback: We welcome your comments on the accessibility of the Createc website. Let us know if you encounter accessibility barriers on our website:
E-mail: leon_fmr@yahoo.com