These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and The Create Corporation, a California corporation ("Company," "we," "us," or "our"). These Terms govern your access to and use of all websites owned or operated by the Company — including TheCreateCorporation.com, CreateAgency.co, and all related domains, subdomains, and entertainment property websites — as well as our applications, streaming content, interactive features, merchandise stores, events, and all other products and services we offer (collectively, the "Services").

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. Material changes will be posted on our website with an updated effective date and, where required, with prior notice. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.

You must be at least thirteen (13) years old to use our Services. If you are between thirteen (13) and eighteen (18) years old (or the age of majority in your jurisdiction), you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our Services, you represent and warrant that you meet the applicable age requirements and have the legal capacity to enter into these Terms.

We reserve the right to require proof of age or parental consent at any time and to terminate accounts or restrict access if eligibility requirements are not met.

Certain features of our Services require you to create an account, including through third-party authentication providers such as Twitch or Discord. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials and not share them with any third party; (d) immediately notify us of any unauthorized access to or use of your account; and (e) accept responsibility for all activities that occur under your account.

We reserve the right to suspend, disable, or terminate any account at our sole discretion, with or without notice, for any reason, including but not limited to violations of these Terms.

4.1 Company Property. All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, trademarks, service marks, trade names, trade dress, and the overall "look and feel" of the Services — are the exclusive property of The Create Corporation, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 Original Entertainment Properties. "Silly Little Game Show," "SLGS," and all related names, logos, characters, catch phrases, formats, game mechanics, visual designs, music, and associated intellectual property are the exclusive property of The Create Corporation. Unauthorized reproduction, modification, distribution, performance, display, or creation of derivative works based on our entertainment properties is strictly prohibited.

4.3 Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use. This license does not include any right to: (a) modify, copy, or create derivative works based on the Services; (b) reverse engineer, disassemble, or decompile the Services; (c) sell, resell, license, sublicense, distribute, rent, or lease the Services; (d) use any data mining, robots, or similar data gathering or extraction methods; (e) download (other than page caching) of any portion of the Services; or (f) use the Services for any commercial purpose without our prior written consent.

4.4 Trademarks. The Create Corporation™, Create Corp™, SLGS™, Silly Little Game Show™, Create Agency™, and all related names, logos, and slogans are trademarks of The Create Corporation. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names appearing on the Services are the property of their respective owners.

5.1 User Content. Our Services may allow you to submit, upload, post, or transmit content, including text, images, video, audio, and other materials ("User Content"). You retain ownership of your User Content, but by submitting User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, adapt, modify, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with the Services and the Company's business, including for promotional and redistribution purposes across any media format.

5.2 Content Representations. You represent and warrant that: (a) you own or have the necessary rights, licenses, and permissions to submit User Content; (b) your User Content does not violate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party; (c) your User Content does not contain any material that is unlawful, defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable; and (d) your User Content complies with all applicable laws and regulations.

5.3 Prohibited Conduct. You agree not to: (a) use the Services for any unlawful purpose or in violation of these Terms; (b) impersonate any person or entity or misrepresent your affiliation; (c) interfere with or disrupt the Services or servers or networks connected to the Services; (d) attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to the Services; (e) use automated means (including bots, scrapers, or crawlers) to access the Services without our prior written consent; (f) upload or transmit viruses, malicious code, or any other harmful technology; (g) harass, threaten, or intimidate other users; (h) engage in any form of cheating, exploitation, or manipulation of interactive features; (i) collect or store personal information of other users without their consent; or (j) use the Services in any manner that could disable, overburden, damage, or impair the Services.

5.4 Content Moderation. We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason, including but not limited to violations of these Terms, without notice.

Our Services include interactive features such as live polls, voting systems, chat functionality, and audience participation mechanics. By participating in these features: (a) you consent to your interactions being visible to other users, including in live broadcast; (b) you acknowledge that your participation may be recorded, broadcast, and redistributed; (c) you agree to comply with all applicable rules, guidelines, and codes of conduct; (d) you understand that we may modify, restrict, or discontinue interactive features at any time without notice; and (e) you agree that your votes, poll responses, and other interactions will be final and that the Company's determination of results is binding.

Participation in live events, competitions, or casting activities may be subject to additional terms, rules, or agreements, which will be provided at the time of participation.

7.1 Orders. When you place an order through our Services, you agree to provide current, complete, and accurate purchase and account information. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including pricing errors, fraud detection, or inventory limitations.

7.2 Pricing and Payment. All prices are displayed in United States Dollars (USD) unless otherwise specified and do not include applicable taxes, shipping, or handling charges, which will be calculated at checkout. Payment must be made at the time of purchase through our accepted payment methods. All payments are processed through PCI-DSS compliant third-party payment processors.

7.3 Refunds and Returns. Refund and return policies for merchandise and digital products will be specified at the point of sale. Digital products and event tickets are generally non-refundable unless required by applicable law. Physical merchandise may be returned in accordance with our return policy, which will be made available on our merchandise pages.

7.4 Subscriptions. If you subscribe to any recurring Services, you authorize us to charge your payment method on a recurring basis until you cancel. You may cancel your subscription at any time through your account settings or by contacting us, and cancellation will take effect at the end of the current billing period.

We respect the intellectual property rights of others and expect our users to do the same. If you believe that material on our Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) by providing our designated Copyright Agent with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material that is claimed to be infringing and its location on the Services; (c) your contact information; (d) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner; (e) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner; and (f) your physical or electronic signature.

DMCA notices should be sent to: [email protected]. We will respond to valid DMCA notices in accordance with applicable law, which may include removing or disabling access to the allegedly infringing material. Repeat infringers will have their access to the Services terminated.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CREATE CORPORATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold harmless The Create Corporation, its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services; (c) your User Content; (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; or (e) your violation of any applicable law, rule, or regulation.

12.1 Governing Law. These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

12.2 Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. The arbitration shall be held in Los Angeles County, California. Judgment on the arbitration award may be entered in any court having jurisdiction. You agree that any arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative proceeding.

12.3 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

12.4 Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in small claims court.

We may terminate or suspend your access to all or any part of the Services, with or without cause and with or without notice, at any time and for any reason, including but not limited to a breach of these Terms. Upon termination: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must immediately cease all use of the Services; and (c) provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

14.1 Entire Agreement. These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements and understandings.

14.2 Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

14.3 Waiver. No waiver of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without restriction and without notice to you.

14.5 Force Majeure. The Company shall not be liable for any failure or delay in performing its obligations under these Terms arising from or related to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, government actions, power outages, internet disruptions, or third-party service failures.

14.6 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

If you have any questions about these Terms, please contact us at:

The Create Corporation Email: [email protected] Website: https://thecreatecorporation.com