Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

Your use of our website indicates your acceptance of these Terms. If you don’t agree to these Terms, don’t use our services.

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

This website and Service is provided free of charge, and no money is generated through it.

Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • You’re fully responsible for any Content that you make available on this website, and any harm resulting from that Content. It’s your responsibility to ensure that your Content abides by applicable laws and by the Agreement. You agree that we have no responsibility or liability for any of your Content and you indemnify us from any claims that may arise from your Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
  • We don’t have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We aren’t responsible for any harm resulting from anyone’s access, use, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

General Representation and Warranty

We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

  • Will be in strict accordance with the Agreement;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not be defamatory, abusive, threatening or bullying, or inciting violence or hatred towards anyone
  • Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of Creation of Now, Jack Dawes or any third party;
  • Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  • Will not disclose the personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network;
  • Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
  • Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
  • Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

Copyright

This website and its contents are the copyright of Jack Dawes. © All rights reserved.

Jack Dawes has asserted his moral rights.

You may quote from and reproduce content from this site provided that Jack Dawes is attributed as the author, and a link back to this website is provided.

Jack Dawes reserves his right to free expression and, pursuant to this right, to review, discuss, analyse, report on, comment upon and express his own opinions about the public works and statements of others, and, in so doing, quote from other works and discuss relevant details from the public record concerning their authors and connected histories where deemed relevant and of interest. This will be done, to the best of his ability and knowledge, with due respect to the moral rights of others.

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please contact us so that we may review the matter.

Intellectual Property

The Agreement doesn’t transfer any Creation of Now or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Creation of Now and you) solely with Creation of Now. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Creation of Now or third-party trademarks.

Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. We’ll let you know when there are changes here by updating the “Last Updated” date. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Creation of Now policy, or is in any way harmful or objectionable, (ii) terminate or deny access to and use of any of our Services to any individual or entity for any reason.

Disclaimers

Our Services are provided “as is.” Creation of Now, Jack Dawes and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Creation of Now, Jack Dawes nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction

This agreement and this website are subject to the laws of Iceland.

Limitation of Liability

In no event will Creation of Now, Jack Dawes, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50. Creation of Now and Jack Dawes shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Creation of Now, Jack Dawes, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Creation of Now, Jack Dawes and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Creation of Now and Jack Dawes may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.

Last updated 20 May 2023