CREEK Collective LLC Terms and Conditions
Last modified: April 28th, 2022
By using the Creekdrops.io website, you agree to these terms and conditions (“Terms & Conditions”) in full and if you find any part of them is found unacceptable, you must immediately cease using the website
“Art” - All design elements that may be associated with an NFT you own.
“Content” - Text, images, audio material, video material, audio-visual material, or other forms of media.
“NFT” - A non-fungible token that you Own and was originally minted on this Site.
“NFT Trading Platform” - A secure marketplace where non-fungible tokens can be sold, transferred, and recorded on the applicable blockchain.
“Own” or “Ownership” means, with respect to an NFT, an NFT that you have purchased through the Website or otherwise rightfully acquired from a legitimate source, where proof of purchase was recorded on the applicable blockchain and ownership of the NFT can be proven.
“Owner” means someone who has rightful and legal Ownership of an NFT.
These Terms & Conditions constitute an agreement (“Agreement”) between CREEK Collective LLC (“CREEK”), the owner and operator of the CREEK Collective LLC website, https://creekdrops.io (the “Site” or “Website”), and you (“you”, “your” or “user(s)”), a user of the Site.
Throughout this Agreement, the words “CREEK,” “us,” “we,” and “our,” refer to our company, CREEK Collective LLC.
BY ACCESSING THIS WEBSITE, YOU AGREE TO AND ACCEPT THESE TERMS AND CONDITIONS IN FULL AND WITHOUT RESERVATION. IF YOU DISAGREE WITH THESE TERMS & CONDITIONS, YOU MAY NOT USE THIS WEBSITE OR ATTEMPT TO PURCHASE ANY CREEK COLLECTIVE LLC NFTS OR CRYPTO MOONIES NFTS.
We reserve the right to amend this Agreement at any time.
Unless otherwise stated, CREEK and/or its licensors and affiliates own the intellectual property rights published on this website, including all text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on the Site or available via a link from Site to a page created by CREEK on another website (collectively, the “CREEK Content”). The CREEK Content is the sole property of CREEK and/or its licensors, affiliates, or third-party service providers.
You acknowledge and agree that CREEK and/or its licensors and affiliates own all legal rights, title, interest in the Art associated with any NFTs, and all intellectual property rights, including but not limited to, trademark and copyright rights, therein. Any rights provided to you upon purchase or ownership of an NFT are limited to those expressly stated herein. CREEK reserves all rights and ownership to the NFTs and Art not specifically granted to the User in this Agreement.
Any payments of financial transactions that you conduct or engage in through the Site are final. You acknowledge and understand that the Site cannot and will not reverse any payments or transactions. All purchases of NFTs, as well as any associated charges, are non-refundable.
The user accepts and acknowledges that CREEK and its Affiliates will not be responsible for any communication failures, disruptions, distortions, delays, or any other errors that may arise when you attempt to purchase any NFTS.
You shall be responsible for all applicable taxes including any sales or compensating use tax or equivalent tax wherever such tax may arise.
Owning a CREEK NFT does not grant the owner any licenses to use the art commercially for any purposes until further notice is given.
Assumption of Risk
You understand and agree that the NFTs are made solely for entertainment purposes only. You agree and understand that that: (1) the market and prices for a blockchain asset are extremely volatile and subjective and collectible blockchain assets, such as the NFTs, have no inherent or intrinsic value, and fluctuations in the price of such blockchain assets could materially and adversely affect the price and value of your NFTs; (2) there are risks involved with using internet-based currency and asset, including, but not limited to, risk of hardware, software, internet connection failure, risk of malicious software, and risk that unauthorized parties may gain access to your personal information including such information and assets contained in your digital wallet or elsewhere; (3) internet-based currency and assets are not currently regulated by any regulatory regimes, and new regulations or policies that may materially affect the value of any NFTs; (4) there is an inherent risk that you may lose access due to loss of private keys, custodial error, or even purchaser error; (5) there are risks related to taxation; and (6) CREEK does not make any guarantees or representations about the availability of the NFTs or the art or that they will host the NFTs or the Art in any specific location for any specific period of time.
You agree that you have received sufficient information to make an informed decision regarding the decision to purchase or otherwise obtain the NFTs and that you understand and agree that you are solely responsible for determining the value, nature, and appropriateness of the above risks for yourself.
Limitation of Liability
ALL NFTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CREEK AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL CREEK BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, GOODWILL, WORK STOPPAGE, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, TECHNOLOGY FAILURE, OR MALFUNCTION, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE RELATED TO ANY NFT OR OTHERWISE) HOWEVER ARISING, EVEN IF CREEK KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Site Availability and Modification
Although we attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove portions of our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion; however, nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
You agree to defend, indemnify and hold harmless CREEK, its officers, directors, employees, affiliates, third-parties, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of any CREEK Site;
your use of any CREEK’ affiliate services;
your violation of any term of this Agreement; or
arising out of any claim that you have breached any provision of these Terms & Conditions.
This defense and indemnification obligation will survive this Agreement. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with CREEK are deemed to conflict with each other’s operation, you agree that CREEK shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
No Joint Venture
This Agreement shall not constitute a joint venture, partnership, employment, or agency relationship between the parties.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You agree that we are not required to provide you with access to our Site and may terminate our Site or your access to the Site at any time and for any reason.
All users must be 18 years of age or older to purchase NFTs from the Site.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, or we may email you. You may refuse to agree to the amendments. Upon refusal of the new amendments, you must immediately cease using our Site. Amended Terms & Conditions will apply to the use of this Site from the date of publication of the amended Terms & Conditions of this Site.