PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR GENERAL TERMS AND CONDITIONS AND PRIVACY POLICIES (COLLECTIVELY THE “TERMS”). IF YOU DO NOT AGREE WITH ANYTHING WE PROPOSE IN THESE TERMS, PLEASE DO NOT USE ANY PART OF THIS SERVICE. These Terms of Service (“Agreement”) is made between you and Creatr, Inc., its affiliates, successors, and assigns (collectively “Creatr,” “we,” “our” or “us”) which governs your access to and use of Creatr’s services, its websites, applications, and payment systems (collectively the “Service” or “Services”). These Terms of Services are applicable for both users/customers and Content Creators who upload on our site (collectively “you”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with this Agreement and the Terms.
Creatr provides an online marketplace/mobile application (the “Application”) that connects individual and corporate brands and individuals to social media content creators and their content. By using the application and this Service, you agree to comply with and be legally bound by the terms and conditions of this Agreement and the Terms, whether or not you become a registered user of the Service. This Agreement and the Terms govern your access to and use of the application, service, and all content, and your participation in referral and other promotional programs that we may include on the Application at any point in time. This Agreement constitutes a binding legal agreement between you and Creatr. Please read carefully this Agreement and the Terms, which are incorporated herein by this reference.
If you do not agree to this Agreement and/or the Terms, you have no right to obtain information from and/or otherwise use the Application or Service, and we request that you uninstall the Application. By installing, downloading, or even merely using the Application, you shall be contracting with Creatr and signifying your acceptance of this Agreement and the Terms as posted on our website at any time, which takes effect upon the date you download, install or use the Services. Your use of the Application is at your own risk.
YOUR USE OF THE SERVICE
By accessing or using the Service you agree to be bound by these Terms and represent and warrant that you are at least sixteen (16) years of age. If you are under the age of 16, you are required to provide your birthdate and additional verification information to utilize our Service and comply with our Terms. If you are using the Services on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refer to you and that Organization. You may use the Service only if you can form a binding contract with us and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Service may change from time to time as we evolve, refine, or add more features to the Service, often without prior notice to you. In addition, we may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
ACCOUNT & SECURITY
To utilize our Services, you will be required to register for an account through our website and must provide accurate information and keep your account information updated. You are solely responsible for the activity that occurs on your account for keeping your account password secure. You shall notify us immediately of any breach of security or any unauthorized use of your account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with us or a third-party service. We encourage you to use “strong” passwords that use a combination of upper- and lowercase letters, numbers, and symbols with your account. You agree not to disclose your password to any third-party. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account by notifying us immediately at [email@example.com].
You may also be able to register to use the Application by logging into your account with your credentials from certain third-party social networking sites (i.e. Facebook, Gmail, Snapchat, TikTok, etc.). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
In creating an account, you represent and warrant to us that all information provided to us in such a process is true, accurate, and correct, and that you will update your information as and when necessary in order to keep it accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or listings of your business, except as otherwise authorized by us, or provide or use false information to obtain access to the Application that you are not legally entitled to claim. You acknowledge that any false claim may result in substantial losses or damages to Creatr or third parties, for which you will be held liable and accountable.
FEES AND REFUND POLICY
For content creators who upload Content on our site, in connection with the Content you post on our website, you will be paid ninety percent (90%) of the license fee purchased by each user. Creatr shall receive a ten percent (10%) platform fee for use of our Service. Whether you elect to discontinue using our Service or your account is terminated (for violations of the Terms), you will be paid for any licensing activities of your Content up through the date of termination.
Some areas of the Service allow you to upload and/or purchase video content on Creatr’s website (“Content” or, when created and posted by you, “your Content”), and to share your Content with us, our affiliates and users/customers. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any third-party intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
In creating a profile and uploading your image and Content you hereby grant Creatr a non-exclusive gratis, perpetual, worldwide, sublicensable right to use your image and likeness and Content in any legally permissible manner whatsoever and on any platform. The use may include, but is not limited to, editing, duplication, licensing, distribution and incorporation into other works, in whatever form (including hard copy and digitized), without any obligation to seek any further authorization by you. In the event you request for your Content to be taken down, we agree to remove such Content and no longer license such Content on our site. You hereby acknowledge and agree, however, that any sublicenses granted to users prior to termination of the Content on our site shall continue in full force and effect.
Any photographs or product or person, video, or other details shared on the Application or website or created by Creatr shall be the exclusive property of Creatr and Creatr may use it in any legally permissible manner, including without limitation to advertising, promotion, merchandising, etc. The rights and permissions granted herein are irrevocable.
OUR LICENSE TO YOU OF THE SERVICE
Subject to these Terms, we give you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the Services, and access, download, and display all Content therein solely in connection with uploading your own video content and/or purchasing Content licenses on our site. We reserve all rights in the Services not expressly granted in this Agreement. We can terminate this license at any time for any reason or for no reason. We may make available software to access the Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a nonexclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your business use as a content creator. You may not (i) modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time-sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement and the Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license end-user license agreement, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and we and our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). We reserve all rights not expressly granted under this Agreement. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Services. All rights, title, and interest in and to the Services are and will remain the exclusive property of us and our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Agreement nor Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features without our prior, express written consent for the specific use.
USE OF CONTENT
All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Application or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service, and we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will we be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service. It is understood that we do not own or claim any ownership of any uploaded Content. In the event you submit any Content through the website, you hereby grant a gratis, worldwide, non-exclusive, perpetual, royalty-free, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, display, perform and otherwise fully exploit the Content in connection with the Service. You agree that you are responsible for your use of the Service, for any Content you provide and/or purchase a license of, and for any consequences thereof, including the use of your Content and Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. We will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions, and the Content Creator Guidelines incorporated herein by this reference (applicable for Content Creators).
We are trusted by our users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
We may investigate and/or suspend your account if you violate any of the above rules and/or remove your ability to access the Content and/or remove your Content from the site to replace with another image. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms and/or Content Creator Guidelines (if applicable) or abuse the use of our Service.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that all Content that you upload onto our website you have exclusively created and own, and that you are deemed the author of under U.S. Copyright Law. You represent and warrant that you will comply with all federal and state regulations in uploading and marketing your Content on our website. You also represent that you have the requisite authority to enter into these Terms and that in entering into these Terms, you are not violating any third party agreements, and that you are not a member of SAG-AFTRA. You are solely responsible for your Content and any consequences that occur because of your upload or posting of the Content on our site. Each time you upload and/or download Content, you hereby represent and warrant to us that: (i) you are the creator and owner of the Content or have all necessary rights from other people or companies to use, and permit other users to use your Content on the site (if you upload Content); (ii) you will not infringe upon any third party intellectual property rights, publicity and/or privacy rights in your use of downloaded Content you purchase on the site (if applicable); and (iii) your Content does not and will not infringe or misappropriate any third-party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame or libel anyone. You hereby indemnify, defend (at Creatr’s election), and hold harmless Creatr from any alleged claims (including court costs and attorneys’ fees) in connection with your account, Content, and/or the rendering of your services to any third-parties, and for breach of any of your representations and warranties provided herein.
DIGITAL MILLENNIUM COPYRIGHT ACT
We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you believe that Content uploaded to or posted on the site infringe any of your copyrights, you may contact our designated agent at the following email address and following physical address:
1001 Wilshire Boulevard PMB 2253
Los Angeles CA 90017
Any notice that alleges material hosted by or distributed through the Service infringe intellectual property rights must include the following information: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed; (ii) a detailed description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of the material that you claim is infringing and where it is located on the Service (please provide a direct link to the alleged infringing content); your address, telephone number, and email address; (iv) a statement from you that you have a good-faith belief that the use of the alleged infringed Content on the Service of which you are complaining of is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. The notice must also include your signature, whether electronic or physical form.
It is expressly understood that we will terminate without notice the accounts of content creators that we find are “repeat infringers,” which is a user who has been notified of infringing activity more than twice (2) or has had infringing Content removed from the Service more than twice.
MODIFYING THESE TERMS
We have the right to make changes to this Agreement and the Terms without advance written notice to you. We may provide, but are not obligated to provide, notices through a pop-up banner and/or by sending an email to an email address associated with your account on the Services, and/or by other means as we deem effective. If you do not accept the new Agreement and/or Terms, you may cancel your account at any time.
THIRD PARTY SERVICES
In connection with the use of our Service, you may link to other websites, services or social media platforms on the internet, and other websites, services, or resources that may contain links to other services. You hereby acknowledge that these third-party sites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, or any other aspect of such websites or resources. You hereby release us from any liability for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on such content, goods, or services available on or through any such website or resource, and agree to review their respective terms and conditions and privacy policies, which are separate from ours.
UNLESS WE HAVE SIGNED A WRITTEN AGREEMENT WITH YOU THAT STATES OTHERWISE, WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAIN ACCESS TO THE SERVICE, WHAT CONTENT YOU ACCESS VIA THE SERVICE, OR HOW YOU MAY INTERPRET OR USE THE CONTENT.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE ALSO DO NOT REPRESENT NOR WARRANT ANY GUARANTEE THAT THIRD-PARTY USERS/CUSTOMERS WILL PURCHASE YOUR CONTENT.
LIMITATION OF LIABILITY
In no event shall we, nor any of our officers, directors, employees, contractors, or authorized representatives shall be held liable for anything arising out of or in any way connected with (i) your use of the website, Services and/or Content; (ii) your use or misuse of, or access to, the listings, Content, violations of this Agreement or Terms; (iii) breach of any contract or other agreement you enter into; (iv) personal injury, property damage or other claims or damages relating to property defects, conditions, or suitability; (v) your interactions or transactions with any other use, or (vi) infringement by you or any third party using your account or identity in connection with the Service. Creatr, its officers, directors, members, employees, contractors, authorized representatives and affiliates shall not be held liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this website, or for any damages in excess of One Hundred Dollars ($100.00).
PARTNERSHIP OR AGENCY
Acceptance of these terms and conditions merely amounts to acceptance for the purpose of using the Application and Services. None of the provisions of these terms shall be deemed to constitute a partnership or agency or consumer or any specific legal relationship between you and Creatr. You shall have no authority to bind Creatr in any form or manner whatsoever.
If any provision of this Agreement is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
If you have any questions, complaints or claims with respect to the Service, you may contact us at ________________.
GOVERNING LAW AND ARBITRATION
This Agreement and the Terms shall be governed by and construed in accordance with the substantive laws of the State of California, without giving effect to any conflict of law principles. If a dispute arises out of or relates to this Agreement or the Terms, and if the dispute cannot be settled through negotiation, you hereby agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. If such disputes cannot be settled through mediation procedures, such disputes arising under, out of, or in any way connected with these this Agreement and Terms shall be submitted to arbitration with the American Arbitration Association in Georgia, in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
WHAT INFORMATION DO WE COLLECT?
Your personally identifiable information may be required for limited purposes of providing you with a confirmation receipt of your signup, registering your information on the Application to advertise to customer users, contacting you in the event of any alleged intellectual property infringement claims; and/or contact you in the event you want any of your Content needs to be removed from the site. Personally identifiable information may include but is not limited to: name, address, social security number, date of birth, e-mail address, telephone number, and any relevant professional license numbers and certifications. You acknowledge that this information may be personal to you, and by providing Personal Information to us, you allow others, including us, to identify you, and therefore you may not be anonymous. The information we gather enables us to enhance the user experience.
IP ADDRESS INFORMATION AND OTHER INFORMATION COLLECTED AUTOMATICALLY
INFORMATION YOU ELECT TO SHARE
We share aggregate information with Google Analytics and other statistical data sources to enable us to figure out how often users use parts of the website and/or Service so that we can enhance the user experience of the Service. We may provide aggregate information to our partners and affiliates about how our users collectively use our site. We share this type of data so that our partners, affiliates, and vendors also understand how often people use their services and the Service to provide a more optimal customer/user experience.
EMAIL COMMUNICATIONS WITH US
As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your account.
HOW DO WE USE THE PERSONAL INFORMATION?
INFORMATION DISCLOSED FOR OUR PROTECTION
AND THE PROTECTION OF OTHERS
INFORMATION WE SHARE WITH YOUR CONSENT
Except as set forth above, you will be notified when your Personal Information may be shared with third parties and will be able to prevent the sharing of this information. Although we take appropriate measures to safeguard against unauthorized disclosures of personally identifiable information, we cannot guarantee that personally identifiable information in our possession will never be disclosed in a manner. We otherwise store all of our information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
We may employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and/or services to you. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
We may opt to buy or sell our company assets. In these types of transactions, listings and information are typical of the business assets that would be transferred. Also, if we (or our assets) are acquired or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information would be one of the assets transferred to or acquired by a third party.
ACCEPTANCE OF THE POLICY