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Terms & Conditions

Last Updated:
7/25/2024

1. Welcome to CreateNext!

 

1.1 Introduction

CreateNext, LLC, doing business as CreateNext ("CreateNext," "we," "us," "our"), offers its services through its website at KevinKermes.com (the "Site") and its mobile applications and related services (collectively, "Service(s)"). These services are provided under the following Terms of Service (the "Terms"). PLEASE READ THESE TERMS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES.

 

1.2 Modifications to Terms of Service

We reserve the right to modify these Terms at our sole discretion. Should we make changes, we will post those changes on this page and indicate at the top of this page the date these terms were last updated. We may also notify you through the Service's interface, via email, or other reasonable means as required by law. Changes will become effective no earlier than fourteen (14) days after they are posted, except changes for new functions of the Services or those made for legal reasons will take effect immediately. Your continued use of the Service after the effective date of such changes constitutes your acceptance of the new Terms. Additional terms may apply to certain Services and will be disclosed at the time of use.

 

1.3 Privacy

Your privacy is important to us. For details on how we collect and use your information, please see our Privacy Policy. By using the Service, you consent to the collection and use of your personal data as outlined in the Privacy Policy.

 

2. Access and Use of the Service

 

2.1 Use Description

The CreateNext service and any content accessed through our service are intended solely for your personal, non-commercial use. Upon your purchase from CreateNext, we grant you a limited, non-exclusive, non-transferable license to access CreateNext content and view your courses on a streaming-only basis for this purpose. You do not acquire any ownership rights by downloading or viewing any content. The service is not to be used for public performances, and we may revoke this license at our discretion. Upon revocation, you must immediately destroy all content obtained through the service, including any copies, whether made under these Terms or otherwise.

 

2.2 Your Registration Obligations

You are required to register with CreateNext to access and use certain features of the Service. By registering, you agree to provide accurate, current, and complete information about yourself as requested by our registration form and to maintain and promptly update your information to keep it accurate, current, and complete. Your registration data and any other personal information you provide are governed by our Privacy Policy. Persons under 13 years of age are prohibited from using the Service, and those under 18 require parental or guardian consent.

 

2.3 Member Account, Password, and Security

You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You must not use anyone else's account at any time and must not allow others to use your account credentials. You must notify CreateNext immediately of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to comply with this section.

 

2.4 Modifications to Service

CreateNext reserves the right to modify or discontinue the Service (or any part thereof) temporarily or permanently, with or without notice. We are not liable for any modification, suspension, or discontinuance of the Service. We are not obligated to retain any of your data or Submitted Content for any longer than required by law.

 

2.5 General Practices Regarding Use and Storage

You acknowledge that CreateNext may set limits on the use of the Service, including data retention limits and storage capacity limits for individual users. CreateNext is not responsible for the deletion of or failure to store any data or other content maintained or transmitted by the Service. Accounts that are inactive for an extended period may be closed. CreateNext may change these general practices and limits at any time, in its sole discretion, with or without notice.

 

2.6 Mobile Services

The Service may include features accessible via a mobile device, including (i) uploading content to the Service, (ii) browsing the Service from a mobile device, and (iii) accessing features through an app downloaded to a mobile device ("Mobile Services"). Standard carrier data charges may apply to your use of Mobile Services. Not all Mobile Services will work with all carriers or devices. By using Mobile Services, you agree to let CreateNext communicate with you by SMS, MMS, or other electronic means via your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.

 

2.7 Refunds

Refunds are not offered unless required by law or detailed in the refund policy during your purchase. Any purchases made through third-party marketplaces are subject to the policies of the third party.

 

3. Conditions of Use

 

3.1 User Conduct

You are solely responsible for all content that you upload, post, display, or otherwise use via the Service. CreateNext reserves the right to take legal action against anyone who violates this provision, which may include removing the offending content from the Service, suspending or terminating the violator’s account, and reporting violations to law enforcement authorities. You agree not to use the Service to:

  • Upload any content that infringes on the intellectual property rights of others, or that you do not have the right to upload;
  • Upload files that contain viruses or other harmful programs;
  • Post or transmit any content that is invasive of privacy, harmful, threatening, unlawful, abusive, defamatory, vulgar, obscene, or otherwise objectionable;
  • Interfere with or disrupt the Service, servers, or networks;
  • Violate any applicable laws or regulations;
  • Impersonate any person or entity, or falsely state your affiliation with a person or entity;
  • Collect or store personal data about other users without their consent;
  • Engage in any commercial activities not expressly authorized by these Terms.

 

3.2 Fees

When certain parts of the Service are provided for a fee, you are required to select a payment plan and provide CreateNext with your credit card or other payment instrument details. You represent and warrant that such information is accurate and that you are authorized to use the payment instrument. It is your responsibility to keep your account information up to date, including promptly updating your account with any changes to your payment information, billing address, or credit card expiration date.

You agree to pay CreateNext the amount specified in the payment plan in accordance with the terms of such plan and these Terms of Service. You hereby authorize CreateNext to bill your payment instrument in advance on a periodic basis in accordance with terms of the payment plan until your subscription is terminated. If you dispute any charges, you must inform CreateNext within sixty (60) days after the date that CreateNext charges you.

We reserve the right to change the prices of the Services. If we change the prices, we will provide notice of the change on the Site or in an email to you, at our discretion, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

You are responsible for all taxes associated with the Services, except for those taxes based on our net income. You agree that you will pay any such taxes that might be applicable to your purchase of the Services and that CreateNext has the right to charge you for such taxes.

 

3.3 Recurring Subscriptions

If you choose a service with an auto-renewal feature ("Recurring Subscription"), you authorize CreateNext to maintain your account information and charge your designated payment method automatically at the renewal of the service without further authorization from you. If CreateNext is unable to process a charge to your designated payment method for any reason, we may, at our discretion, bill you directly and suspend your access to the service until payment is received, or seek to update your account information from third-party sources to continue charging your account as you originally authorized.

We may change the price of any Recurring Subscriptions from time to time and will notify you of any price changes in advance. If applicable, we will also explain how to accept these changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change notification. By continuing to use the Recurring Subscription after the price change takes effect, you accept the new price. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription before the price change becomes effective.

Please ensure that you read any notifications of price changes carefully. Payments are non-refundable, and there are no refunds or credits for partially used periods, as detailed in the terms at the time of purchase or as required by applicable law. Following any cancellation, you will continue to have access to the service through the end of your current billing period. You will also retain access to any service or content that is part of a "lifetime access" deal, but will lose access to other features or services.

At any time and for any reason, we may offer a refund, discount, or other consideration ("credits"). These credits are offered on a discretionary basis and do not entitle you to credits in the future for similar instances, nor are we obligated to offer them under any circumstance.

If your Recurring Subscription was purchased through a third party (e.g., Apple App Store, Google Play Store), the refund policies of the third party marketplace apply, unless explicitly stated otherwise by CreateNext. The third-party marketplace is responsible for processing refunds, and CreateNext disclaims any responsibility for third-party policies or compliance.

For subscriptions managed by third-party marketplaces, you may need to manage your subscription and billing through the provider's platform.

 

3.4 Special Notice for International Use; Export Controls

You must comply with all local laws and regulations regarding online conduct and acceptable content. Software available through the Service, as well as the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your risk.

 

3.5 Commercial Use

Unless specifically authorized by CreateNext, you agree not to use, copy, reproduce, distribute, reverse engineer, modify, lease, loan, sell, or create derivative works based on the Service, either in whole or in part.

 

 

4. Intellectual Property Rights

 

4.1 Service Content, Software, and Trademarks

You acknowledge that the Service may include content, features, and software that are legally protected. Unless expressly authorized by CreateNext, you agree not to modify, copy, distribute, or create derivative works based on the Service or any part of it. The Service and its components, including any data mining, robots, or similar data extraction tools, are strictly for your personal and non-commercial use unless otherwise authorized. Any attempt to use the Service or its content for other purposes can result in legal action.

CreateNext, along with its logos and other trademarks, are trademarks or registered trademarks of CreateNext. Other product and service names featured in the Service might be trademarks of their respective owners. Nothing in these Terms should be construed as granting any license or right to use any trademarks displayed on the Service without the express written permission of CreateNext or the trademark owner.

 

4.2 Third-Party Material

CreateNext is not liable for any content provided by third parties, and you agree that any use of such content is at your own risk. While CreateNext does not pre-screen content, we reserve the right to remove any content at our discretion. You are responsible for evaluating the accuracy, completeness, and usefulness of any content accessed through the Service.

 

4.3 User Content Transmitted Through the Service

You are solely responsible for the content and other materials you upload, post, or otherwise transmit through the Service. You represent and warrant that you own all rights, title, and interest in and to any content you provide, or that you have all necessary rights to distribute such content, free of any legal restrictions. This includes all copyrights and rights of publicity contained within the content.

By submitting or posting content on the Service, you grant CreateNext and its affiliated companies and partners a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, perform, publish, distribute, store, modify, and otherwise use your content in connection with the operation of their services and their businesses, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service and under these Terms of Service.

Furthermore, you understand that CreateNext retains the right to reformat, modify, create derivative works of, excerpt, and translate any content submitted by you. All information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated. CreateNext will not be liable for any errors or omissions in any content and CreateNext does not guarantee the identity of any other users with whom you may interact in the course of using the Service.

CreateNext does not endorse any content or any opinion, recommendation, or advice expressed therein, and CreateNext expressly disclaims any and all liability in connection with user content. If notified by a user or content owner that content allegedly does not conform to these Terms, CreateNext may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice.

 

4.4 Copyright Complaints

CreateNext respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a manner that constitutes copyright infringement, or if your intellectual property rights have been otherwise violated, please provide CreateNext's Copyright Agent with the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the infringing material is located on the Service, with sufficient detail so that CreateNext can find it on the Service;
  • Your address, telephone number, and email address so that we can contact you;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send all copyright infringement notices to our Copyright Agent at the following email: [email protected].

 

4.5 Counter-Notice

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or by law, to upload and use the content in your User Content, you may send a counter-notice containing the following information to our Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  • Your name, address, telephone number, and email address;
  • A statement that you consent to the jurisdiction of the federal court located within Florida and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, CreateNext will send a copy of the counter-notice to the original complaining party informing them that CreateNext may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

 

4.6 Repeat Infringer Policy

In accordance with the law, CreateNext maintains a policy of terminating the accounts of repeat infringers. Those who are found to be repeat infringers will have their access to the Service terminated.

 

5. Third-Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. CreateNext has no control over such sites and resources, does not endorse them, and is not responsible for their availability, content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CreateNext shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that CreateNext is not liable for any loss or claim that you may have against any such third party.

 

6. Social Networking Services

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and CreateNext's use, storage, and disclosure of information related to you and your use of such services within CreateNext (including your friend lists and the like), please see our Privacy Policy.

However, please remember that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and CreateNext shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.

 

7. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify, and hold harmless CreateNext and its affiliates, and their officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your content, or your violation of these Terms of Service. This indemnification obligation will survive the termination of these Terms and your use of the Service.

 

8. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, CreateNext EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CREATENEXT MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 

 

9. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATNEXT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREATENEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL CREATENEXT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CREATENEXT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

 

10. Disputes

 

10.1 Dispute Terms: 

If you have any dispute with us, you agree that before taking any formal action, you will contact us at CreateNext LLC, PO Box 534, St. Petersburg, FL 33703 and [email protected], and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

 

10.2 Dispute Resolution: 

Any controversy among the Parties involving the construction or application of any provision of this Terms of Service shall first be addressed in a private mediation in the State of Florida. The mediator will be chosen by consent of the Parties and shall be paid for in equal shares by the Parties. 

If the Parties are unable to resolve any controversy at mediation, the matter will be submitted to private arbitration in Florida, on the request of any Party. The arbitrator will be chosen by consent of the Parties. If the Parties are unable to agree on an arbitrator within twenty (20) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by a superior court judge in the county of Pinellas, state of Florida. Arbitration shall comply with and be governed under the provisions of the State of Florida. The decision of the  Arbitrator will be final and binding on the Parties. 

 

10.3 Attorneys' Fees and Legal Expenses: 

If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.

 

 

11. Termination

CreateNext reserves the right, at its sole discretion, to terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Any termination may result in the forfeiture and destruction of all information associated with your membership. CreateNext may also, at its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. Reasons for such termination may include, but are not limited to:

  • Breaches or violations of these Terms or other incorporated agreements or guidelines,
  • Requests by law enforcement or other government agencies,
  • Discontinuation or material modification to the Service (or any part thereof),
  • Unexpected technical or security issues or problems,
  • Extended periods of inactivity.

You may terminate your account at any time by contacting customer support at [email protected]. Upon termination by either party for any reason, CreateNext will close your account, and you will no longer be able to retrieve materials contained in the account.

 

12. Disputes Between Users

You are solely responsible for your interactions with other CreateNext users. CreateNext reserves the right, but has no obligation, to monitor disputes between you and other users. CreateNext shall have no liability for your interactions with other users, or for any user’s action or inaction.

 

13. General

These Terms of Service constitute the entire agreement between you and CreateNext and govern your use of the Service, superseding any prior agreements between you and CreateNext with respect to the Service. The laws of the State of Florida, excluding its conflict of law rules, govern these Terms and your use of the Service. You expressly agree that exclusive jurisdiction for any claim or dispute with CreateNext or relating in any way to your use of the Service resides in the courts of Pinellas County, Florida.

You also agree to attempt to mediate any disputes and to abide by all limitations of liability contained herein.

 

14. Contact Information

For questions regarding these Terms of Service or your dealings with the CreateNext website, please contact us at:

CreateNext LLC
PO Box 534
St. Petersburg, FL 33703
Email: [email protected]

 

15. Miscellaneous

If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

CreateNext may assign its rights under these Terms of Service without condition. You may not assign or transfer these Terms without the prior written consent of CreateNext.

 

16. Notifications

CreateNext may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by CreateNext in our sole discretion. CreateNext reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms of Service.