Terms of Use

Introduction

These Terms of Use are a contract between you and Creatives Care Network (“Creatives Care,” “our,” “we” and “us”). The Terms of Use govern your use of this website (the “Website”). By using the Website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Website. The Website uses cookies. By using the Website and agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our privacy policy.

License to use Website

Unless otherwise stated, Creatives Care and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

You must not:

  • republish material from the Website (including republication on another website);

  • sell, rent or sub-license material from the Website;

  • show any material from the Website in public;

  • reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;

  • edit or otherwise modify any material on the Website; or

  • redistribute material from the Website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed in accordance with the distribution rules specified.

Acceptable use

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent.

You must not use the Website to transmit or send unsolicited commercial communications. You must not use the Website for any purposes related to marketing without our express written consent.

Restricted access

Access to certain areas of the Website is restricted. We reserve the right to restrict access to other areas of the Website, or indeed this entire Website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that the user ID and password are kept confidential.  We may disable your user ID and password at our sole discretion without notice or explanation.

Any restricted areas of the Website that are accessible only with a user ID and password are intended solely for users who are 18 years of age or older and reside in the State of New York in the United States of America. You may not establish an account in the restricted area of the Website if you do not meet these eligibility requirements. We do not intend to gather personal information from minors or any individuals residing outside of New York State.

User content

In these Terms of Use, "your user content" means material (including, without limitation, text, images, audio material, video material and audio-visual material) that you submit to the Website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media, to the extent consistent with our privacy policy. You also grant to us, to the extent consistent with our privacy policy, the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon the Website.

Notwithstanding our rights under these Terms of Use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

Privacy

You acknowledge that your personal information may be collected, processed and shared as set forth in our privacy policy, as amended from time to time.

No warranties

The Website is provided "as is" without any representations or warranties, express or implied. We make no representations or warranties in relation to the Website or the information and materials provided on the Website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  • the Website will be constantly available, or available at all; or

  • the information on the Website is complete, true, accurate or non-misleading.

The Website may assist you in finding a mental health professional in the community who can diagnose and treat your mental health condition. Neither Creatives Care nor the mental health professionals on our team will diagnose or treat your mental health conditions, or recommend particular treatments to you. Creatives Care does not practice medicine or any other mental health profession or provide medical or other clinical advice. Any mental health information provided to you on the Website is solely for informational and educational purposes. Your use of the Website does not create any patient-provider relationship with Creatives Care or any of the mental health professionals on our team. All medical or other clinical diagnostic and treatment decisions should be made by you in consultation with the mental health professional with whom you establish a patient-provider relationship. Creatives Care does not credential, endorse or guarantee the results of any mental health professional to whom you may be referred and is not liable for any action or inaction of any such mental health professional.

The Website is not intended to assist you in a mental health emergency. If you are currently experiencing a mental health crisis, please call 1-888-NYC-WELL (888-682-9355), text "WELL" to 65173, or one of the hotlines listed on our treatment resource page in order to receive immediate support.

Limitations of liability

Creatives Care will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Website:

  • to the extent that the Website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Nothing in the Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you must not use the Website.

Other parties

You accept that, as a limited liability entity, we have an interest in limiting the personal liability of our officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as our organization.

If any provision of the Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Website disclaimer.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.

Breaches of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Amendment

We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of the Website from the date of the publication of the revised Terms of Use on the Website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

Severability

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These Terms of Use constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and jurisdiction

These Terms of Use will be governed by and construed in accordance with Laws of New York, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of New York.