Hello! You’ve found your way to our Terms of Service. If you’re not sure how you fell down this rabbit hole, let me give you a rundown. These Terms of Service lay the legal groundwork for the relationship between you and Creators.co for your use of this website and the related services available through this website.
Please note that these Terms of Service contain below important and detailed information regarding your legal rights and our legal rights. You should read these Terms of Service carefully before you use this website and our services.
These Terms of Service set out the rules and restrictions you have to comply with in order to use this website (things like: don’t threaten, harass or steal the work from anyone on creators.co or elsewhere, please).
You retain ownership and the copyright of the content you create on this website, but you provide creators.co and other Movie Pilot owned websites with a non-exclusive license to use and distribute that content. The exact terms are detailed below.
These Terms of Service, together with our Privacy Policy, include other information you may find relevant for the use of our website and its services. For example, it goes through traditional legal stuff like warranty exclusions, limitations of liability that apply in the event of a dispute, and it states that we’re not responsible for and do not endorse third party content or any site we post a link to. Any questions, comments or feedback regarding our services or these Terms of Service are encouraged.
By using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. If you do not agree to these Terms of Service, you may not use the Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Registration and Account Security
In order to access the Services, you must login with your email address and password or social account such as Facebook or similar tools we may offer such as sign-in with Twitter, Google+ or unique username and password, and other social media service log-ins. It is a violation of these Terms of Service for you to:
(a) create more than one personal profile,
(b) create another account without our permission if we disable your account,
(c) share your login credentials,
(d) let anyone else access your account, or
(e) do anything else that might jeopardize the security of your account.
You are solely responsible for the activity that occurs on your account and for any unauthorized use of your login credentials. You may register one unique user name on the Site. The use of an offensive user name is not allowed. You may not impersonate others in a misleading or confusing way. We reserve the right to reclaim usernames, especially on behalf of individuals, institutions and products from the entertainment market. We reserve the right at all times to reclaim usernames without liability to you. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your account.
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
2. Scope of Use; Content
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
The Services provide users with access to certain Content and services we make available, including news, information and recommendations about movies, television programs and other related topics that are customized based on the user’s expressed or expected interests, likes and dislikes. This Content is provided for the user’s entertainment purposes only. You acknowledge that much of the Content available through the Services (including text, photos and movie clips) is obtained from third party sources and the Company is not responsible for the accuracy or completeness of such Content.
Certain portions of the Services permit you to upload, post, email, or otherwise transmit Content (collectively, “User Content”), including for example, posting Content to your own blog as a Creator, posting comments about a movie or providing feedback regarding the Services. Your posts and articles you create and publish through the Services will be considered User Content. Some users may submit Content that contains personally identifiable information. Please review our Privacy Policy before providing any personally identifiable information.
Subject to these Terms of Service, the Company invites you to view, use and comment on the Content available through the Services and where permitted on the Services, share the Content on your social media account, but in each case solely for your personal, informational, and non-commercial purposes. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Except as expressly provided in these Terms of Service, you may not reproduce, modify, display or distribute any text, graphics, images, videos or other Content available through the Services, or the design and layout of the Site (including its “look and feel”), without the Company’s prior written consent.
By accessing the Site, you agree to abide by all security and safety measures established by the Company or its partners or service providers. The Company reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, remove, block, edit, modify or discontinue any aspect of the Content or Services at any time without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all. The Company may also impose limits on certain features of the Services or restrict access to any part or all of the Services without notice or penalty. We do not guarantee that any Content will be made available on the Site or through the Services.
3. Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
It is a violation of these Terms of Service for you to (directly or indirectly):
(a) transmit or distribute any User Content that is unlawful, deceptive, false, stolen, threatening, abusive, harassing, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;
(b) post content or take any action using the Services that infringes or violates someone else's rights (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) or otherwise violates the law;
(c) post or transmit any advertising or promotional materials or solicit users to use particular goods or services, except as otherwise expressly permitted by the Company;
(d) use the Services for illegal purposes, in violation of any applicable laws or regulations; copy, sell, resell, or exploit for commercial purposes any portion of the Services;
(e) use any robot, spider, scraper or other automatic or manual process to monitor, data mine, or copy any Site pages, content, or user information, except as expressly permitted by the Company;
(f) use another’s id or password or sensitive financial information without authorization, or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;
(g) transmit or distribute viruses or other malicious code;
(h) collect user names and contact information and/or send unsolicited commercial communications (spam);
(i) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or interferes with the proper working of the Services;
(j) attempt to decompile, decipher or reverse engineer any of the software used by the Company as part of the Services, or modify, translate, or otherwise create derivative works of any part of the Services, or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or
(k) assist or permit any persons in engaging in any of the activities described above.
Each user of this Site and its affiliates, including you, is responsible for the User Content that the user transmits to the Services, and the consequences of its use or submission. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
You acknowledge that the Company does not necessarily pre-screen User Content and shall not be responsible for policing, monitoring, or editing User Content. The Company shall have the right, but not the obligation, to monitor User Content and use of the Services to improve performance, for legal and regulatory requirements, and to determine compliance with these Terms of Service and other applicable policies. The Company shall have the right, in its sole discretion, to refuse to post or to remove any User Content that it believes to be in violation of these Terms of Service or which it finds otherwise objectionable for any reason, without any advance notice or liability to you or any third party.
4. Copyright Policy
Third party copyrights
The Company respects the intellectual property rights of others. If you believe that any User Content or other content available through the Services infringes your copyright, please provide us with the following information:
(a) a physical or electronic signature of the owner or the person authorized to act on behalf of the owner of the intellectual property right;
(b) an identification of the intellectual property claimed to have been infringed;
(c) a detailed description of the material that you claim is infringing so that we may locate it;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner or are authorized to act on behalf of the owner of the intellectual property rights involved.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
Moviepilot, Inc.
512 Victoria Ave,
Venice,
CA 90291,
USA.
Telephone: (424) 228-4703
Email: dmca@creators.co
5. Ownership and License of User Content
You retain ownership of the intellectual property rights in your User Content, subject to the license you grant the Company below.
By transmitting User Content on or through the Services, you grant the Company a nonexclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid, assignable, transferable, sub-licensable license to use, reproduce, store, modify, edit (e.g., fixing typos, making editorial changes), truncate, aggregate, display, perform, distribute, prepare derivative works based on, and transmit such User Content, in any medium that now exists or may arise in the future, and otherwise exploit your User Content (including, but not limited to, use of your name in association with your User Content to identify you as the “Creator”) in connection with the Services and the Company’s (and our successors’ and assigns’) businesses, including after your termination of your account or the Services, and you waive any and all moral rights and publicity rights in such User Content. You represent that you have all of the necessary rights to grant this license to the Company for all of your User Content without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You agree that this license includes the right for other users of the Services to access and use your User Content, subject to our terms and conditions regarding such use and the right for the Company to allow its third party business partners (including social media services) to use your User Content and that this license has no restriction as to the medium, dissemination method, type of services the Company or its business partners may offer, or the type of systems or products that may be used in conjunction with your User Content.
6. The Company’s Proprietary Rights
All trademarks, service marks and logos on the Site or the Services are the property of their respective owners. Unauthorized use of any of the Company’s (or of any third-party’s) trademark, service mark, or logo may violate the Company’s or a third party’s legal rights and is prohibited. You must obtain the Company’s written permission prior to using any trademark or service mark of the Company.
The Company and its licensors own all intellectual property rights in the Site and the Services, except for certain third party content on the Site, your User Content and as otherwise expressly indicated. The Services and all Content therein are protected by United States and international copyright laws. Any unauthorized use of the Materials (defined below) may violate copyright laws, laws of privacy and publicity, and other laws and regulations. In exercising any permitted use of the Materials, you agree to leave all copyright, trademark and other proprietary notices intact. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
7. Feedback
We welcome and encourage any suggestions, ideas, comments or other feedback you provide the Company regarding the Services (“Feedback”). You acknowledge that any Feedback shall become the Company’s sole and exclusive property without any compensation to you. The Company may, in its sole discretion, decide whether to use the Feedback in any of its products and services. You hereby assign to the Company all of your right, title and interest in the Feedback, including but not limited to all copyrights, patent rights, trade secrets and trademarks.
8. Privacy Policy
To obtain information about our privacy practices and the Company’s use of your personally identifiable information relating to the Site, please see our Privacy Policy.
9. Products & Services
Information and Content that the Company publishes through the Services may contain references or cross-references to products, programs, movies, television programs or services that are not available in your location. Any opinions, advice, statements, comments, services, offers or other information or Content expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of the Company. Any description or reference to non-Company products, services or programs is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services or programs by the Company.
10. No Warranties
THE SITE, THE SERVICES AND ALL INFORMATION, CONTENT (INCLUDING USER CONTENT), PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY SHALL CREATE A WARRANTY OF ANY KIND. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
11. Indemnification
You agree to defend, indemnify and hold the Company and its affiliates and each of our and their respective officers, agents, contractors, directors, suppliers, representatives, partners, members and employees harmless from any and all claims, actions, demands, losses, liabilities or damages (including reasonable attorneys' fees) arising out of or related to your use or misuse of, or access to, the Services, Content or otherwise from your User Content, your violation of these Terms of Service, or your violation of any law or rights of a third party, including without limitation copyright. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with the Company in asserting any available defenses.
12. Violations; Termination of Usage
The Company may terminate or suspend your access to all or part of the Services immediately and without notice, at any time, with or without cause, including without limitation for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of the Company or any third party. Such termination may result in the forfeiture and destruction of all information associated with your account. Upon termination, you must cease use of the Services and all related content. The Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including the right to block access to the Site from a particular Internet address. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Limitation of Liability
YOUR USE OF THE SERVICES AND THE MATERIALS IS AT YOUR SOLE RISK. THE COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES AND THE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FOR (I) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, the Company’s liability will be limited to the fullest extent permitted by applicable law.
14. Third-Party Sites and Linking
As a convenience to users, the Services contain links to websites operated by third parties (“Third-Party Sites”). Third-Party Sites are not under the control of the Company, and, as such, access to and use of such Third-Party Sites is at your own risk and subject to corresponding third-party, not the Company, terms of use and privacy policies. The Company is not responsible for, does not endorse, and hereby disclaims any and all content, advice, or services found, learned, available, or provided on such Third-Party Sites. We reserve the right to terminate a link to a Third-Party Site at any time. The fact that we provide a link to a Third-Party Site does not necessarily mean that we endorse, authorize or sponsor that Third-Party Site, or that we are affiliated with the Third-Party Site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Site.
Unless otherwise set forth in a written agreement between you and the Company, you must adhere to the Company’s linking policy as follows:
(a) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with the Company’s name or any Company trademark or service mark;
(b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Company, and
(c) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking site.
15. Disclosures
The Company may access, read, preserve and disclose User Content as set forth herein. In addition, the Company may access, read, preserve and disclose User Content or information if expressly authorized by you or if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms of Service;
(c) respond to claims that any User Content violates the rights of third parties; or
(d) detect, prevent, or otherwise address fraud, security or technical issues, or protect the rights, property, or personal safety of the Company, Site users, or the public.
16. Modifications
You should review these Terms of Service regularly as they may change. Your continued use of the Services following the posting of changes to these Terms of Service constitutes acceptance of those changes. Your use of the Services is subject to the Terms of Service in effect at the time of such use. Modifications will be posted on the Site and the “Effective Date” on this page will be revised. In addition, for material changes to these Terms of Service, as determined in our sole discretion, we will include a notice on the Site that directs users to a copy of the latest Terms of Service for review and/or send a communication to users notifying them of changes. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
17. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
18. Governing Law
The laws of the State of California, USA shall govern these Terms of Service, without reference to its choice of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of the State of California, USA.
19. Compliance with Laws
Although accessible by others, the Services are intended for access and use by U.S. residents. The information available through the Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Company makes no representation that the information available through the Services is appropriate or available for use in other locations, and access to the Services from territories where the content of the Services offered herein may be illegal or is prohibited. Those who choose to access the Services from other locations do so on their own initiative and risk and are responsible for compliance with applicable local laws.
20. Miscellaneous
These Terms of Service, as modified from time to time by the Company in writing and including any policies that are incorporated by reference, set forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. The Company may assign these Terms of Service or the Company’s rights under these Terms of Service in whole or in part at any time without your consent. The Company’s failure to exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms of Service will remain in full force and effect. These Terms of Service are provided in the English language and all communications and notices to be made or given pursuant to these Terms of Service will be in the English language. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
