Last updated May 15th 2019
Our images are scanned and verified through Googles image search software REGULARLY so don't even THINK of using our work without entering an agreement with us first. Contact us and we'll be happy to discuss any existing work you may be interested in using privately or commercially for nominal fee, or in some cases, free! We'll be glad to assist in any way we can. By also approving an CNY Invoicely.com proposal you agree to these terms and conditions. All approved invoices, proposals and estimates are legally bound to these terms and agreements listed here below:
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
a. Permission must be given by Joshua Lutz directly to copy or download any of the materials (information, images, likenesses or software) on Creativity NY (CNY) web site for personal, non-commercial transitory viewing only. The grant of a license is not a transfer of title, and under this license you may not:
i. modify or copy the materials unless explicitly instructed;
ii. use the materials for any commercial purpose unless agreed upon contractually, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software or images contained on Creativity NY's (CNY's) web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Creativity NY (CNY) at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on Creativity NY (CNY)'s web site(s) are provided “as is”. Creativity NY (CNY) makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability or non-infringement of intellectual property or other violation of rights. Further, Creativity NY (CNY) does not warrant or make any representations concerning the accuracy or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Furthermore, any and all deposits shall not be returned if the case that a project is cancelled or uncompleted for any reason at all. Deposits are non-refundable under any and all circumstances and due to the amount of work that goes into setting up any job our non-refundable deposit policy is non-negotiable. This is quite standard in this space and an extremley common added term and condition to a contracted project.
In no event shall Creativity NY (CNY) or its partners, suppliers or employees be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Creativity NY (CNY) Internet site, or anywhere else, even if Creativity NY (CNY) or a Creativity NY (CNY) authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Creativity NY (CNY) web site could include technical, typographical, or photographic errors. Creativity NY (CNY) does not warrant that any of the materials on its web site are accurate, complete, or current although we try. All images are copywritten and are owned in full and created by Joshua Mark Lutz or in partnership with Joshua M Lutz, owner and site administrator of Creativity NY (CNY). Creativity NY (CNY) may make changes to the materials contained on its web site at any time without notice. Creativity NY (CNY) does not, however, make any commitment to update the materials although we certainly try.
Creativity NY (CNY) has not necissarrily reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Creativity NY (CNY) of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to Creativity NY (CNY) web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
i. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
ii. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
iii. We will only retain personal information as long as necessary for the fulfillment of those purposes.
iv. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
v. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
vi. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
vii. We will make readily available to customers information about our policies and practices relating to the management of personal information.
viii. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Authorship and Contribution
Please note that by entering a contract written or not written, all products and articles created by Joshua Lutz or Creativity NY (CNY) and media created by Creativity NY (CNY)'s website and it’s various publications, you are granting Creativity NY (CNY) (the “Publisher”) the license to duplicate and display all things created by Creativity NY (CNY) in all media forms for the lifespan of www.CreativityNy.com and our sister sites for the use of our advertising and marketing purposes. We will never resell your work and all work produced under contract is strictly one time use of sale for the client. All work created by Creativity NY (CNY) is of non-exclusive right to any buyer, client, partner or authorized user and is owned in full by the Publisher, Creativity NY (CNY). No work by Creativity NY (CNY) may be used in any way shape or form without the express written consent of Joshua Mark Lutz, the Publisher or a registered employee of the Publisher, Creativity NY (CNY).
Publisher may revise, edit, condense, translate or otherwise alter the Work, and will code the work in HTML or other coding language as needed for presentation and distribution, but will make no substantive changes in text, title or graphic content without your permission verbally or through writing.
If you have any questions, concerns or comments about this agreement please contact us and we'll be happy to clarify anything at all.