Terms of Service
Welcome! Our platform helps Creators sell products and services on behalf of businesses they partner with. These Terms of Service ("Terms") are a binding agreement between CreatorCommerce, Inc. ("CreatorCommerce," "we," "us," or "our") and all users ("users," "you," or "your") of the CreatorCommerce website and services (collectively, the "Service").
1. Acceptance of Terms
By using the Service, you agree to these Terms, our Privacy Policy, and any additional terms that may apply to specific features or services that we offer. By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. CreatorCommerce may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.
2. Service Description
The CreatorCommerce platform allows creators to sell products & services on behalf of businesses they collaborative with. As part of this engagement, creators are able to receive commissions on each sale that takes place. Both creators and corresponding businesses pay fees to CreatorCommerce to use the services that CreatorCommerce provides.
3. Your Representations and Warranties
You represent and warrant to CreatorCommerce that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Translation Materials, Course Contributor Materials, Activity Materials, and Content) and that you have the right, as applicable, to grant us a license to use that material as set forth above or the right to assign that material to us as set forth below.
You represent and warrant that (1) you are not organized under the laws of, operating from, or otherwise ordinarily resident in a country or territory that is the target or comprehensive U.S. economic or trade sanctions (i.e., an embargo) or (2) identified on a list of prohibited or restricted persons, such as the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons, or (3) otherwise the target of U.S. sanctions.
4. Account Registration
To use our Service, you must register for an account. By registering, you represent and warrant that all information you provide is accurate, current, and complete. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to immediately notify CreatorCommerce of any unauthorized use of your account or any other breach of security.
5. Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in CreatorCommerce’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose CreatorCommerce or its users to any harm or liability of any kind.
6. Subscription Fees and Payments
Both creators and businesses are required to pay a subscription fee to use our Service. These fees are non-refundable and are subject to change at CreatorCommerce's discretion. You may be required to provide payment information, such as a credit card number or Shopify account, to pay for your subscription fees. By providing such information, you represent and warrant that you are authorized to use the payment method and authorize CreatorCommerce to charge your payment method for all applicable fees.
7. Intellectual Property
CreatorCommerce retains all right, title, and interest in and to the Service and all related intellectual property rights. You retain ownership of all content you submit or otherwise make available through the Service. By submitting content, you grant CreatorCommerce a worldwide, non-exclusive, royalty-free, fully-paid, transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and CreatorCommerce's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
8. Limitation of Liability
To the maximum extent permitted by law, CreatorCommerce shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive, or illegal.
9. Indemnity
You agree to indemnify, defend, and hold CreatorCommerce, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with (a) your use of the Service; (b) your content or your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) any disputes between you and any other user, Content Creator, or eCommerce Brand. CreatorCommerce reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CreatorCommerce in asserting any available defenses.
10. Payment Processors
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will CreatorCommerce be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.
11. Third-Party Links, Sites, and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by CreatorCommerce. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from CreatorCommerce, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that CreatorCommerce shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by CreatorCommerce on the Service are subject to change. In consideration for CreatorCommerce granting you access to and use of the Service, you agree that CreatorCommerce and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
12. Termination
CreatorCommerce may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your CreatorCommerce account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of CreatorCommerce’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
13. Trademarks
“CreatorCommerce” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of CreatorCommerce or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the CreatorCommerce name or any CreatorCommerce or third-party trademarks, service marks, graphics or logos.
14. Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://creatorcommerce.shop/privacy. By using the Service, you consent to the terms of the Privacy Policy.
15. Governing Law and Arbitration; No Class Action
These Terms and Conditions, its subject matter and CreatorCommerce’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the State of California, United States of America, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for CreatorCommerce's right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
If you do not want to arbitrate disputes with CreatorCommerce and you are an individual, you may opt out of this arbitration agreement by sending an email to team+legal@creatorcommerce.shop within 30 days of the day you first access or use the Service.
If you intend to seek arbitration you must first send written notice to CreatorCommerce’s Administration Office of your intent to arbitrate (“Notice”). The Notice to CreatorCommerce should be sent by any of the following means: (i) electronic mail to team+legal@creatorcommerce.shop; or (ii) sending the Notice by U.S. Postal Service certified mail to CreatorCommerce, Inc, Attention: Legal, 565 Broadway Street; Venice, CA 90291. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator in the County of Los Angeles in the State of California, whose decision will be final and binding, and the arbitral proceedings will be governed by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) as modified by these Terms and Conditions. The JAMS Rules are available at www.jamsadr.com. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms and Conditions. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the JAMS Rules. We will reimburse all other JAMS filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the JAMS Rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or CreatorCommerce may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND CREATORCOMMERCE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND CREATORCOMMERCE EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and CreatorCommerce agree that all claims arising out of or related to these Terms and Conditions must be resolved exclusively by a state or federal court located in the County of Los Angeles in the State of California, and you and CreatorCommerce each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that CreatorCommerce shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
16. Language
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
17. California Resident
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
18. Miscellaneous
These Terms and Conditions constitute the entire agreement between CreatorCommerce and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by CreatorCommerce or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. CreatorCommerce may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of CreatorCommerce and you, and CreatorCommerce's and your respective successors and permitted assigns.
