Last updated January 17, 2020

PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THE “TERMS”) CAREFULLY. CREATIVEBOX STUDIO. (“CREATIVEBOX” OR “WE” OR “US“) MAKES AVAILABLE BY ACCESSING OR USING THIS WEBSITE AND ANY OTHER WEBSITES OF CREATIVEBOX STUDIO (COLLECTIVELY, THE “WEBSITE”), AND THE SERVICE AND APPLICATIONS DESCRIBED IN THESE TERMS. BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPLICATIONS (THE “SERVICE”), DOWNLOADING THE CREATIVEBOX STUDIO SOFTWARE APPLICATIONS FOR MOBILE DEVICES (EACH, AN “APPLICATION”, AND COLLECTIVELY, THE “APPLICATIONS”), COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CREATIVEBOX STUDIO, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICE.

THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY CREATIVEBOX STUDIO IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, CREATIVEBOX STUDIO will make a new copy of the Terms of Service available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered to use the Service, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Website or Service and for any other users who expressly agree to them. Otherwise, such changes will be effective thirty (30) days after posting of notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have a registered account on the Website (each, a “Registered User”) upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. CREATIVEBOX STUDIO may require you to agree to the updated Agreement in a manner specified before further use of the Website or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Service. Otherwise, your continued use of the Website and/or Service constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT AGREEMENT.

1. Use of CREATIVEBOX Service

CREATIVEBOX and its licensors own all rights, title, and interest in the Application, the Software, the Website, the Service, and the information and content available on or through the foregoing (collectively, the “CREATIVEBOX #”). The CREATIVEBOX # are protected by copyright laws throughout the world. Subject to the Terms, CREATIVEBOX grants you a limited license to reproduce portions of the CREATIVEBOX # for the sole purpose of using the CREATIVEBOX # for your personal, non-commercial purposes. Unless otherwise specified by CREATIVEBOX in a separate license, your right to use any CREATIVEBOX # is subject to the Terms. CREATIVEBOX and its licensors reserve all rights not granted in these Terms.

1.1 Application License.

Application License. Subject to your compliance with the Terms, CREATIVEBOX grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

1.2 CREATIVEBOX Software.

Use of any software and associated documentation, other than the Application, that is made available via the Website or the Service (“Software”) is governed by the Terms. Any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. CREATIVEBOX grants you a non-assignable, non-transferable, non- sublicensable, revocable non-exclusive license to use the Software for the sole purpose of enabling you to use the Service in the manner permitted by the Terms. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of the Terms.

1.3 Updates.

You understand that the CREATIVEBOX # are evolving. As a result, CREATIVEBOX may require you to accept updates to the Application or the Software that you have installed on your computer or mobile device. You acknowledge and agree that CREATIVEBOX may update the CREATIVEBOX # with or without notifying you. Any updates to the CREATIVEBOX # are subject to these Terms. You may need to update third party software from time to time in order to continue using the CREATIVEBOX #.

1.4 Certain Restrictions.

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the CREATIVEBOX #, (b) you shall not frame or utilize framing techniques to enclose any CREATIVEBOX trademark or logo (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using CREATIVEBOX’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the CREATIVEBOX # except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not attempt or engage in, any potentially harmful acts that are directed against the CREATIVEBOX #, including but not limited to violating or attempting to violate any security features of the CREATIVEBOX #, using any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any CREATIVEBOX #, or introducing viruses, worms, or similar harmful code into the CREATIVEBOX #; (f) access the CREATIVEBOX # in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the CREATIVEBOX # may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the CREATIVEBOX #; (i) you shall not use the CREATIVEBOX # in any manner that could damage, disable, overburden, or impair CREATIVEBOX’s systems or networks, or interfere with any other party’s use and enjoyment of the CREATIVEBOX #, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the CREATIVEBOX #; (j) you may not attempt to gain unauthorized access to any computer systems or networks associated with the CREATIVEBOX #; (k) . Any future release, update or other addition to the CREATIVEBOX # shall be subject to the Terms. CREATIVEBOX, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the CREATIVEBOX # terminates the licenses granted by CREATIVEBOX pursuant to the Terms.

2. Responsibility for Content.

2.1 Types of Content.

You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the CREATIVEBOX #, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not CREATIVEBOX, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through CREATIVEBOX # (“Your Content”).

3. User Conduct.

As a condition of use, you agree not to use the CREATIVEBOX # for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either (a) to take any action or (b) Make Available any Content on or through the Website and the Service that: (i) infringes or violates any patent, trademark, trade secret, copyright, contractual right, right of publicity or other right of any person or entity; (ii) violates any acceptable use or other information technology policy that may apply to your use of any computer system or network; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (v) involves commercial activities and/or sales without CREATIVEBOX’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) impersonates any person or entity, including any employee or representative of CREATIVEBOX; or (vii) is inappropriate in any other manner that CREATIVEBOX determines in its sole, reasonable discretion.

4. CREATIVEBOX Is Provided As-Is.

CREATIVEBOX CANNOT GUARANTEE THAT YOUR CONTENT WILL BE SAFE FROM OUTSIDE ATTACKS, HACKERS OR OTHER WAYS OF ACCESSING YOUR CONTENT ON THE FILE SYSTEMS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE CREATIVEBOX # IS AT YOUR SOLE RISK, AND THE CREATIVEBOX # ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. CREATIVEBOX EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5. Limitation of Liability.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CREATIVEBOX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APPLICATION, THE SOFTWARE, THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT CREATIVEBOX HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL CREATIVEBOX BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY CREATIVEBOX AS A RESULT OF YOUR USE OF THE SERVICE DURING THE TWELVE-MONTH PERIOD PRECEDING THE DATE ON WHICH YOU FIRST ASSERT YOU CLAIM. IF YOU HAVE NOT PAID CREATIVEBOX ANY AMOUNTS DURING SUCH PERIOD, CREATIVEBOX’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO 0.01 DOLLAR ($0.01).

THE TELEPHONY SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS OR SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER CREATIVEBOX NOR ITS SUPPLIERS WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE OR LOSS ARISING FROM OR RELATED TO THE INABILITY TO USE THE TELEPHONY SERVICES TO CONTACT EMERGENCY SERVICES.

6. Remedies

6.1 Violations

If CREATIVEBOX becomes aware of any possible violations by you of the Terms, CREATIVEBOX reserves the right to investigate such violations. If, as a result of the investigation, CREATIVEBOX believes that criminal activity has occurred, CREATIVEBOX reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. CREATIVEBOX is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on the CREATIVEBOX #, including Your Content, in CREATIVEBOX’s possession in connection with your use of the CREATIVEBOX #, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of CREATIVEBOX, its Users or the public, and all enforcement or other government officials, as CREATIVEBOX in its sole discretion believes to be necessary or appropriate.

6.2 Breach.

In the event that CREATIVEBOX determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated inappropriate conduct, CREATIVEBOX reserves the right to:

(a) Warn you via e-mail (to any e-mail address you have provided to CREATIVEBOX) that you have violated the Terms;

(b) Delete any of Your Content provided by you or your agent(s) to the CREATIVEBOX;

(c) Notify and/or send Your Content to and/or fully cooperate with the proper law enforcement authorities for further action;

(d) Pursue any other action which CREATIVEBOX deems to be appropriate.

7. Miscellaneous Legal Terms.

7.1 Electronic Communications

The communications between you and CREATIVEBOX use electronic means, whether you visit the Website or send CREATIVEBOX e-mails, or whether CREATIVEBOX posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) agree to receive communications from CREATIVEBOX in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that CREATIVEBOX provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

7.2 Release

You hereby release CREATIVEBOX and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage of any kind arising in connection with or as a result of the Terms or your use of the Website, the Application, the Software or the Service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

7.3 Assignment

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CREATIVEBOX’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

7.4 Force Majeure

CREATIVEBOX and its licensors shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God; war; terrorism; riots; embargos; acts of civil or military authorities; fire; floods; accidents; strikes or shortages of transportation facilities; fuel; energy; labor; materials; problems with your computing or network infrastructure, hardware or product; problems with your internet service provider (ISP) or any sites you are attempting access through the VPN Service; or any electrical or other utility outage.

7.5 Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be HangZhou, China. The language of the proceedings shall be Chinese. The governing law of the contract shall be the substantive law of China.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

7.6 Choice of Law and Venue.

The Terms and any action related thereto will be governed and interpreted by and under the laws of China, without giving effect to any conflict of laws principles that require the application of the law of a different country. You hereby expressly agree to the personal jurisdiction and venue in the state and federal courts for the county in which CREATIVEBOX’s principal place of business is located for any lawsuit filed against you by CREATIVEBOX arising from or related to the Terms.

7.7 Waiver

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

7.8 Severability

If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

7.9 App Stores

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that the Terms are between you and CREATIVEBOX only, and not with the App Store. CREATIVEBOX, not the App Store, is solely responsible for the CREATIVEBOX #, including the Application, the contents thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the CREATIVEBOX #, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third- party terms of agreement (e.g., the App Store’s terms and policies) when using the CREATIVEBOX #, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.

7.10 Accessing and Download the Application from iTunes

The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

(a) You acknowledge and agree that (i) the Terms are concluded between you and CREATIVEBOX only, and not Apple, and (ii) CREATIVEBOX, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between CREATIVEBOX and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of CREATIVEBOX.

(d) You and CREATIVEBOX acknowledge that, as between CREATIVEBOX and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and CREATIVEBOX acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between CREATIVEBOX and Apple, CREATIVEBOX, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.

(f) You and CREATIVEBOX acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.

(g) Without limiting any other terms of the Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

7.11 Questions, Complaints, and Claims

If you have any questions, complaints or claims, please contact us at: feedback.creativebox@gmail.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

7.12 Entire Agreement

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.