Creative Hush

Merchant User Agreement

This Merchant User Agreement is between you, the user, together with any company or other business entity you are representing, if any, and Creative Hush Limited ("Creative Hush") – providers of the Creative Hush website located at Creativehush.co.nz ("Creative Hush Site"), as well as related applications and services.

Creative Hush provides a platform that enables merchants to build online stores through which they can sell their products and services online, and software applications to process payments and complete transactions. Creative Hush also provides merchants services, including hosting of the online store, email services, marketing services, and other related services as may be offered from time to time.

This Agreement is effective upon your acceptance in registration. By accepting this Agreement and subject to the terms and conditions of this Agreement, including terms of service for the Creative Hush Site that are incorporated herein by reference and may be accessed on Creativehush.co.nz, Creative Hush will provide you with a limited license to use the Software and the Apps and receive the Services. In the event any terms provided in this Agreement conflict with the Terms of Service the terms provided in this Agreement will govern.

By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference.

You authorize Creative Hush to process any and all of Your Creative Hush account transactions initiated through the use of the password and/or passphrase that You establish through registration on the Creative Hush Site and You are solely responsible for maintaining the confidentiality of such password and/or passphrase.

Notwithstanding anything contained in the foregoing, this Agreement will not bind Creative Hush unless You meet the eligibility criteria for entering into this Agreement as set forth in Section 1 of this Agreement.

1. Eligibility Criteria

The Software, Apps and Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software and Services are not available to children (persons under the age of 18). If You are registering as a business entity, You represent that You have the authority to bind such entity to this Agreement. Creative Hush may use techniques to confirm the accuracy of the information You provide when You register on the Creative Hush Site. If for any reason, Creative Hush, in its discretion, believes such information to be incorrect, it reserves the right, without provision of any notice to You, to revoke any and all licenses under this Agreement or to refuse to provide the Software license and Services under this Agreement to You.

2. Creative Hush Software and Trademark Ownership and Licenses

2.1 Software Ownership

You acknowledge and agree that, as between You and Creative Hush, all Software, Apps and any other content provided by Creative Hush, and all worldwide intellectual property rights therein, are the exclusive property of Creative Hush. All rights in and to the Software and Apps not expressly granted to You in this Agreement are reserved by Creative Hush.

2.2 Access and License

Subject to the terms and conditions of this Agreement, Creative Hush grants to You a non-exclusive, non-transferable, revocable, limited license to (a) remotely access and use the Software on servers operated by or for Creative Hush ("Creative Hush Servers") through the Creative Hush Site solely for the purpose of building and maintaining an interactive store hosted by the Creative Hush Servers on which You offer Your or a third party’s products or services ("Your Store").

2.3 Restrictions

You acknowledge that the Software and Apps and their structure, organization, and source code constitute valuable intellectual property of Creative Hush. Accordingly, except as expressly allowed under Section 2.2, You will not, either directly or through a third party, (a) modify, adapt, alter, translate, or create derivative works from the Software or Apps; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software or Apps to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or Apps, or (d) transfer Your interest in and to Your Store to any third party.

2.4 Creative Hush Trademark Ownership, License and Restrictions

Subject to the terms and conditions of this Agreement, and upon Your election to use and pay applicable fees (if any) for certain features of the Software, and Apps, Creative Hush grants to You a non-exclusive, non-transferable, revocable license (without the right to grant sublicenses) to display those trademarks that Creative Hush provides to You under this Agreement ("Creative Hush Marks"), solely for display on those locations on Your Store’s web pages or in connection with an App as designated by Creative Hush in its sole discretion, and that Creative Hush may periodically change from time to time. Creative Hush grants no rights in the Creative Hush Marks other than those expressly granted in this Section 2.4. You acknowledge Creative Hush’s exclusive ownership of the Creative Hush Marks and that all use of Creative Hush Marks inures to Creative Hush benefit. You agree not to take any action inconsistent with such ownership and You agree not to adopt, use, or attempt to register any trademarks or trade names that are confusingly similar to the Creative Hush Marks or in such a way as to create combination marks with the Creative Hush Marks. At Creative Hush’s request (in its discretion), You will immediately discontinue all use and display of the Creative Hush Marks. You acknowledge and agree that, except with respect to the trademark license granted herein in and to the Creative Hush Marks, no licenses are granted by Creative Hush to any other trademarks, service marks, or trade names owned by Creative Hush, its parent, or affiliates.

You agree that the nature and quality of all goods and services rendered that You provide in connection with the Creative Hush Marks and all related advertising, promotional and other uses of the Creative Hush Marks by You shall be of a high standard so as to protect and enhance the Creative Hush Marks and the goodwill pertaining thereto. You further agree that all materials bearing the Creative Hush Marks shall conform to the guidelines that Creative Hush may establish from time to time and that You shall obtain Creative Hush’s approval prior to using the Creative Hush Marks in any manner that is inconsistent with Creative Hush’s guidelines.

3. Services

3.1 Services

Upon activation of Your account and subject to the payment of applicable fees, Creative Hush will provide You during the term of this Agreement with the hosting, support and other miscellaneous Services as provided on the pricing page of the Creative Hush Site and for the Software and Apps licensed to You under this Agreement. Your Store will be hosted on a Creative Hush’s Server on which several merchants may share the resources and network capacity.

3.2 Changes in Services

Creative Hush reserves the right to change, amend and/or otherwise alter the Services without prior notice to You. You agree to receive administrative communications from Creative Hush in regards to the Software, Apps, Services, Your account, policy changes and system updates. If You do not agree to such changes, then You may terminate use of the Services. Creative Hush will not refund any fees or payments in the event of such termination.

4. Your Store & Content Control

4.1 Control of Your Store

You will be solely responsible for the development, promotion, back-up, operation and maintenance of Your Store, including the operation of Your Store, accepting, processing and filling customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that Creative Hush has no obligation to back-up any data related to Your Store’s operations and You should independently take appropriate steps to maintain such data in accordance with Your needs and requirements. It is your obligation to ensure your items listed in your exhibition are up the standard described and expected by the consumer. Any costs incurred from refunds on items sold that do not meet the description in your exhibition or are faulty or damaged will be paid by you, the exhibition owner.

4.2 Ownership and Control of Your Store’s Content

You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling the content on Your Store, including all descriptions of the products and services You offer to customers of Your Store, trademarks You use and user-generated content on and related to Your Store. As a conduit, Creative Hush will give You discretion over Your content provided it is compatible and interoperable with the Software, Apps and Services provided by Creative Hush under this Agreement and Your content and use of the Services, Apps, Software and Creative Hush Site comply with all applicable laws and the terms of this Agreement. You retain all right, title and interest in and to all intellectual property rights embodied in Your content, exclusive of any content provided by Creative Hush. Notwithstanding anything contained in the foregoing, if Creative Hush has reason to believe that You have breached any of the terms of this Agreement, Creative Hush is entitled to suspend or terminate Your Store and/or any access to information or data related to Your account and the Software and Apps in accordance with Section 12 of this Agreement, and delete any content on Your Store. Creative hush maintains the right to delete your store or any items within it if they are not in line with the type of products that we're providing the market.

4.3 Passive Conduit

You acknowledge that, by only providing You with the ability to publish and distribute Your own or third party products, services or content, Creative Hush and its Software are acting only as passive conduits for the distribution and/ or publishing of such products, services or content on the Store. Creative Hush has no obligation to You or any third party, and undertakes no responsibility, to review Your Store, the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Your Store to determine whether any such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Creative Hush believes in its discretion that Your Store or any products, services, content or other materials in the Store or on Creative Hush Servers, or your use of any App, may create liability for Creative Hush or harm other users of Creative Hush’s websites or services, then You agree that Creative Hush may take any actions that Creative Hush believes are prudent or necessary to minimize or eliminate Creative Hush’s potential liability or to protect other users of Creative Hush’s websites or services.

4.4 Content License

During the period that Creative Hush provides Services to You pursuant to Section 3 of this Agreement, You hereby grant to Creative Hush and its subcontractors and vendors a non-exclusive, irrevocable, sublicenseable, royalty-free, transferable worldwide license to reproduce, use, distribute, create derivative works of, alter, modify, resize, crop, watermark, reformat, resave, compress, decompress, rewrite, cache, strip metadata, transmit, publicly perform, publicly display and digitally perform Your content and trademarks solely to host your Store, run the Software and Apps, provide You with the Services and to otherwise promote and manage the Creative Hush Site. By making Your Store public, You agree that others can view Your content. You understand and agree that copies of Your Store may continue to be stored on Servers after You terminate Your account. Creative Hush agrees not to use Your content after You terminate Your account except as required to comply with legal requests or requirements and to maintain records. You acknowledge and agree that Creative Hush, its subcontractors and vendors may use Your content for beta testing purposes even if such beta tests do not have a positive impact on performance.

4.5 Order Fulfillment

Creative Hush may make certain order fulfillment services, such as payment verification and processing, available to You. Some of these services may be available through third party vendors, such as braintree, and your relationship with such vendor will be pursuant to a separate agreement between you and the applicable vendor. You understand and agree that Creative Hush is not responsible for the availability or provision of such services or for such third party vendor’s non-performance or breaches. Creative Hush does not guarantee the availability, security or delivery of such services or that You will be eligible for any vendor’s services. It is Your responsibility to address all issues with regard to a vendor, including payments, refunds, chargebacks, collections and service outages, with such third party vendor. It is also Your responsibility, and You agree to comply with all applicable laws and industry guidelines regarding payment that apply to merchants, including laws with regard to sales tax and PCI guidelines.

5. Covenants and Prohibitions

5.1 Covenants

You covenant that any products, services, or content published and distributed on Your Store and Your related activities, including use of the Software and Apps, will not violate the Creative Hush’s terms of service as it may be amended from time to time, or any of the following:

1.be false, inaccurate or misleading;

2.be fraudulent or involve the sale of counterfeit, stolen or infringing items;

3.infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

4.violate any law, statute, ordinance, regulation or industry guideline (including those governing privacy, publicity, export control, consumer protection, intellectual property, gambling, data security standards, unfair competition, antidiscrimination, criminal activities or false advertising);

5.be defamatory, libelous, offensive, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;

6.be obscene or contain child pornography;

7.contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or disable any system, software or hardware that is intended to encrypt, obscure or protect data or personal information;

8.involve the transmission of any unsolicited commercial or bulk email (known as "spamming") and You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid, ponzi schemes or the like;

9.involve the collection, sale, storage or transmission of, or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of this Agreement;

10.be harmful or potentially harmful to Creative Hush’s Server structure as determined in Creative Hush’s discretion, including without limitation overloading the Creative Hush’s technical infrastructure;

11.involve subleasing Your account or offering "free space" on or other access to Your account or Your Store to third parties;

12.create liability for Creative Hush and its subcontractors or expose them to undue risk or otherwise engage in activities that Creative Hush, in its sole discretion, determines to be harmful to Creative Hush, its affiliates, operations, reputation, or goodwill;

13.link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate this Agreement; and

14.not to bypass, disable or override any restrictions, security measures or other limitations on Your account, Your Store, the Services, Software, or Apps.

5.2 Prohibited Activities

You agree not to publish, offer for sale, sell or otherwise distribute any of the following items on, through or connected with Your Store or through any App:

  • Blood, bodily fluids or body parts;
  • Burglary tools;
  • Counterfeit items;
  • Illegal drugs and drug paraphernalia;
  • Fireworks, destructive devices and explosives;
  • Identity documents, government documents, personal financial records or personal information (in any form, including mailing lists);
  • Lottery tickets, sweepstakes entries or slot machines;
  • Obscene material or child pornography;
  • Offensive material or hate speech;
  • Police badges or uniforms;
  • Prescription drugs or devices;
  • Chemicals;
  • Pets;
  • Recalled items;
  • Prohibited services;
  • Stocks or other securities;
  • Stolen property; or
  • Any product or service that is illegal or marketed or sold in such a way as to create liability for Creative Hush.
  • You further agree not to publish, offer for sale, sell or otherwise distribute any of the following items on through or connected with Your Store, except as permitted by, and in full compliance with, all applicable federal, state, local and other laws:

  • Digital files that you do not own or have all necessary rights or license to store, display, perform, copy and distribute;
  • Event tickets;
  • Food items;
  • Tobacco products;
  • Alcoholic products;
  • Hazardous, restricted or perishable items;
  • Pesticides;
  • Animals, animal products, plants and seeds;
  • Charitable services or goods and fundraising;
  • Artifacts;
  • Currency and stamps;
  • Used items, such as clothing or, bedding and cosmetics;
  • Adult items or pornography;
  • Content or material that is infringing or otherwise violates the law, including: music; movies; e-books; games; videos; photographs and software; or
  • Weapons and other related items, including, without limitation, firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons.
  • 6. Fees; Taxes; & Audit Rights

    6.1 Fees

    You shall pay the fees set forth on the Pricing page for the Software license and Services purchased by You. Creative Hush may change the fees for its Services from time to time. If You do not accept a change in the fees, then You may terminate Your account. You agree not to disguise, hide or otherwise misrepresent the number of products that you offer on or through Your Store through use of any features of the Services, Software, App or otherwise.

    6.2 Payment Terms

    Creative Hush will invoice pay you the item price less our agreed commission rtate. You agree to pay for non-refundable commission subscription, in advance, including fees for the license of Software, App and Services to be rendered to You by or on behalf of Creative Hush in the following month.

    Upon non-payment Creative Hush in its discretion may re-attempt to collect the amount due up to 3 times before suspending or terminating Your account or immediately suspend or terminate Your account.

    6.3 Taxes

    All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and You will be responsible for payment of all such taxes (other than taxes based on Creative Hush’s income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the access to or license of the Software, Apps and performance of the Services hereunder.

    7. Disclaimer of Warranties

    CREATIVE HUSH, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SOFTWARE, APPS, SERVICES, ADDITIONAL SOFTWARE, AND ADDITIONAL SERVICES, ON AN "AS IS" AND "AS AVAILABLE" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. CREATIVE HUSH, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, APPS, SERVICES, ADDITIONAL SOFTWARE, AND ADDITIONAL SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THE SOFTWARE, APPS AND SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 7 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

    8. Limitation of Liability

    IN NO EVENT SHALL CREATIVE HUSH, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, APPS, SERVICES, ANY ADDITIONAL SOFTWARE, AND ADDITIONAL SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). CREATIVE HUSH’, ITS SUPPLIERS’, AND SERVICE PROVIDERS’, CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO CREATIVE HUSH FOR THE LICENSES AND THE SERVICES IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE. Some States do not allow the exclusion or limitation of certain damages, so the above limitation or exclusion may not apply to You.

    9. Indemnity

    You agree to indemnify and hold Creative Hush, its suppliers, and service providers, and their officers, members, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including reasonable attorneys’ and expert witnesses’ fees) incurred or arising from: (a) any content provided, stored, sold or otherwise distributed by You or generated by users of Your Store, (b) any claims arising from the sale or license of goods or services in Your Store, or (c) any breach of this Agreement or the documents it incorporates by reference. Creative Hush’s, its suppliers’ and service providers’ indemnity rights shall not be limited or offset by any contributory negligence by Creative Hush. Creative Hush reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Creative Hush’s defense of such claim.

    10. Customer Data, Your Data & Privacy Policy

    As between Creative Hush and You, You shall own all data disclosed to you by or collected by you about (a) an individual or entity that accesses Your Store to browse or shop, and (b) Creative Hush shall own all data disclosed to it, or collected by it. Creative Hush treats all personal information collected through the Creative Hush Site as provided in our Privacy Policy, which is incorporated herein by reference and as it may be amended from time to time.

    You must establish and agree to post, maintain and adhere to a privacy policy for your Store that informs Your customers what personal information is collected, how it is used, the effective date of Your privacy policy and how Your customers can learn of changes to Your Store’s privacy policy and otherwise complies with applicable laws and regulations.

    You agree to prominently include within Your Store’s posted privacy policy a statement notifying Your customers that Your Store is hosted by Creative Hush and that Creative Hush, including its service providers, parent entity and affiliates, have access to information related to Your Store customers for Creative Hush to analyze performance, and make improvements to Creative Hush’s Services and products and to provide related services, such as payment processing. You consent to the collection, processing and transfer of all data by and third parties contracted by Creative Hush to assist in the performance of the Services. You may not use Your customer information to send unsolicited commercial messages (spam) or otherwise in violation of any law, statute, ordinance, regulation or industry guideline.

    11. Breach

    Without limiting other remedies, Creative Hush may limit Your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Your account or Your Store, in whole or in part, and refuse to provide some or all of the Software, Apps or Services to You if: (a) You fail to pay any fees in accordance with Section 6 of this Agreement; (b) You breach this Agreement or the documents it incorporates by reference in any other manner; (c) Creative Hush is unable to verify or authenticate any information You provide to Creative Hush; or (d) Creative Hush believes that Your actions may harm, cause financial loss or legal liability for You, Your Store customers, Creative Hush or Creative Hush’s users or affiliates.

    12. Suspension and Termination

    12.1 Suspension

    At Creative Hush’s discretion, Creative Hush may suspend Your account or any part of Your account by deactivating any access by You or by Your customers to any information contained on the Creative Hush Servers related to Your account, or by suspending Your use of an App. Suspension may also include disabling Your Store and/or any access to information or data related to Your account. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.

    12.2 Termination

    This Agreement may be terminated by Creative Hush either (a) immediately if Creative Hush has reasonable cause to believe that you have breached any provision of this Agreement, or (b) after a period of suspension as set forth in Section 12.1 of this Agreement. You may terminate this Agreement via the Creative Hush Site or via the PayPal site or other electronic payment vendor site.

    12.3 Rights Upon Termination

    In the event of expiration or termination for any reason, the licenses granted under Section 2 of this Agreement shall automatically and immediately cease and You shall stop using the Creative Hush Site, Services, Apps and Software, destroy all copies of the Software in Your possession, if any, and remove all Apps from Your mobile devices. Upon termination, there will be no refund provided to You except as otherwise agreed to in writing by Creative Hush and all outstanding fees owed by You shall become immediately due and payable. Termination shall not affect the rights of Creative Hush to recover from You losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses’ cost or other costs of any kind under this Agreement. The provisions of this Agreement that by their nature are ongoing, or as explicitly provided, will survive termination or expiration of this Agreement for any reason.

    13. General

    13.1 Governing Law and Jurisdiction

    This Agreement shall be governed in all respects by the laws of New Zealand without giving effect to any conflicts of law principles that would require the application of the laws of a different jurisdiction. You agree that any cause of action that may arise under this Agreement or in connection with Your use of the Software or Services will be commenced and heard only in the appropriate court having jurisdiction over New Zealand. You hereby consent to the exclusive jurisdiction of and venue in such courts.

    13.2 Legal Compliance

    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Software, the Services, and Your listing and sale of products and services on Your Store.

    13.3 No Agency

    You and Creative Hush are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

    13.4 Force Majeure

    Except for the payment of any fees due and payable under this Agreement, neither party’s delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, terrorist act, governmental act or order, act of God, failures in electric power or telecommunications services, or any other event beyond the control of the party.

    13.5 Notices

    Except as explicitly stated otherwise, any notices shall be given via email to Creative Hush, at creativehush.co.nz or to the email address You provide to Creative Hush during the registration process (in Your case). Notice shall be deemed given twenty four (24) hours after email is sent, unless Creative Hush is notified that the email address is invalid. Alternatively, Creative Hush may give You notice by certified mail, postage prepaid and return receipt requested, to the address, if any, provided to Creative Hush during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

    13.6 Assignment

    You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision will be null and void. You agree that this Agreement may be assigned by Creative Hush, in Creative Hush’s discretion without Your consent.

    13.7 No Third Party Beneficiary

    You acknowledge and agree that nothing herein, express or implied, is intended to or will be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

    13.8 Severability; Waiver

    If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Creative Hush’s failure to act with respect to a breach by You or others does not waive Creative Hush’s right to act with respect to subsequent or similar breaches.

    13.9 Construction

    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term "including" means "including but not limited to," and "discretion" means the sole discretion of the applicable party unless expressly stated to the contrary.

    13.11 Entire Agreement

    This Agreement, together with the agreements and policies that are incorporated herein by reference, sets forth the entire understanding and agreement between You and Creative Hush with respect to the subject matter hereof.

    Effective Date: 1st Feb 2017