Creator Store Terms

This page explains the terms (“Creator Shop Terms”) by which you may sell Assets through Creatzy’s online services (the “Service”) as a shop owner. By creating an account or accessing or using the Service, you (1) agree that you have read, understood, and agree to be bound by the terms and conditions of these Shop Terms, together with the Site Terms of Service and the applicable General Licenses which together constitute a binding agreement (“Agreement”) between the person or legal entity named in the sign up process (referred to as “Creator Shop Owner”, “you”, or “your”) and Creatzy (referred to as “we”, “us”, “our”, or “Creatzy”), and (2) also that you have read and acknowledge the collection and use of your information as set forth in our privacy policy (the “Privacy Policy”), whether or not you are a registered user of the Service. If you open a Creator Shop on behalf of an organization or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement, and that you agree to the Agreement on the entity’s behalf. The Parties agree to the following:

Creator Shop Owner – Affirmations & Warranties

By making assets available on the Service, you agree that they will not violate any third-party rights, including but not limited to Intellectual Property Rights or rights of privacy. Creatzy reserves the right to remove access to the Service if it receives one or more copyright complaints against your listed assets. Publishing assets on the Service does not substitute for registering them with the Canadian Intellectual Property Office or any other rights organization. You affirm, represent and warrant that the assets you make available on the Service will not infringe any rights of any third party.

You have the full right, power and authority to enter into the Agreement and to fully perform all of your obligations.

Your Assets and all parts thereof are owned and controlled by, or licensed to you, and your use of the Service is permitted by applicable law and by all applicable rights holders. You retain all Intellectual Property Rights to your posted Assets.

Your Assets and our use of them, Creatzy’s, as contemplated by these Creator Shop Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

To the extent that your Assets contain identifiable third parties or landmark(s), you represent that you have obtained written consent and/or model and property release(s) of those third-parties pictured, to use such third party’s name or likeness and grant Creatzy all of the license rights set forth in the applicable License(s). You also warrant that each such third party has released you from any liability that may arise in relation to such use.

Creatzy may exercise the rights to your Assets granted under these Creator Shop Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

You will not provide inaccurate, misleading or false information to Creatzy or to any other User. If information provided to Creatzy or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Creatzy of such change.

You will not use Service to direct Users to other services or sites to purchase Assets.

By using the Service to sell one or more Assets, you agree to pay Creatzy’s fees for such transaction, assume full responsibility for the content of the Assets offered, and accept that Creatzy cannot guarantee exact listing durations. By using the service, you grant Creatzy the following:

We will have discretion to increase or decrease the price of any Asset to maximize your overall performance

We will have discretion to offer discounts as part of special promotions, online sales, or campaigns, or to customers who we believe will make volume purchases or commitments or to help secure additional revenue on your behalf
- For example, if a customer purchases a Creatzy subscription, they are eligible to receive a discount of up to 10% of any or all products listed in a category or all categories.

We will have discretion to temporarily or in select markets charge higher or lower prices to test pricing levels in an effort to maximize sales or revenue on your behalf;
- notwithstanding the foregoing, you shall not set the price for an Asset that is higher than the lowest price for which the same (or substantially the same) Asset is offered by or on any other media marketplace, agency or other redistribution arrangement (each an “Other Marketplace”), if a Content item is offered at a lower price by or on any Other Marketplace, we may lower the price in our marketplace to match or beat that price.

You agree to abide by any seller guidelines or policies set forth by Creatzy, including but not limited to the Creator Shop Owner Guidelines and Site Content Guidelines.

License Grant

By posting any Assets on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Creatzy a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Assets and your name, voice, and/or likeness as contained in your Asset, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Creatzy’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You affirm that any listed Assets are cleared to be sold under our general license.

To Other Users: You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Service and under these Creator Shop Terms and the applicable License. You grant and/or authorize Creatzy to grant each User of the Service who purchases licenses to your Assets with all the rights, and subject to all the restrictions, described in the applicable License purchased. You should review our general license carefully before uploading any Assets.

Asset Delivery: All Assets are able to be downloaded directly from users’ account page. You must not require a customer to provide personal information in order to access licensed Assets.

Resolution Process for Transactions: All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when customers claim that the licensed Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover.

Refunds: You understand and agree that Creatzy has no obligation to provide refunds on any assets, including but not limited to if Creatzy finds that the Asset has been downloaded by the User. You agree that any and all refunds are provided at the sole discretion of Creatzy. You understand and agree to Creatzy’s full Refund Policy.

Payouts & Earnings. Unless otherwise agreed by the parties in writing, Creatzy shall send requested payouts according to published timeframes, and in the method, you select during the payout setup process. Available payout methods are subject to change.

Payout requests may only be made if the total amount due to you totals at least $100.00 CAD. Creatzy reserves the right to withhold payment or chargeback to your account any amounts otherwise due to us under these Creator Shop Terms, or amounts due to any breach of these Creator Shop Terms by you, pending Creatzy’s investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information.

If we believe that we are obligated to obtain tax information, and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment, you must notify Creatzy in writing within thirty (30) days of such payment. Failure to so notify Creatzy shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Creatzy. No other measurements or statistics of any kind shall be accepted by Creatzy or have any effect under these Creator Shop Terms. We may withhold any taxes or other amounts from payments due to you as required by law. To protect against the risk of liability, we may request that our payment service provider hold Creator Shop Owner funds based on certain factors, including, but not limited to, selling history, seller performance, the riskiness of the listing category, or the filing of a dispute claim.

Those Fees

Any sales that are generated for the Creator, the Creator will get up to a rate of 90% of the generated sale where the remaining percent will be given to Creatzy. Creators who are in a Crafter+ membership group will have their rate changed to 95%. You put in the hard work to create amazing products, and we believe you deserve more from each sale. That’s why you’ll get a fair commission of the revenue from each sale. With a fair commission, you are responsible for credit card processing fees and marketing expenses that help you make more money. By default, shops will earn 90% of their list price for each sale. The rate will change based on user subscription plans and processing fee.

Warranty Disclaimer – CREATZY’S PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CREATZY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS PRODUCTS AND SERVICES OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENE

RALITY OF THE FOREGOING, CREATZY DOES NOT WARRANT THAT ITS PRODUCTS OR SERVICES WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, WILL MEET THE SHOP OWNER’S OR ANY CUSTOMERS’ REQUIREMENTS OR WILL COMPLY WITH APPLICABLE LAWS.

Limitation of Liability – IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, OR FROM NEGLIGENCE OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR FROM ANY DEFECT OR ERROR IN ITS PRODUCTS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF CREATZY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE CREATOR SHOP TERMS EXCEED THE AMOUNTS PAID TO SHOP OWNER UNDER THESE CREATOR SHOP TERMS.

General

Independent Contractor – Neither party shall be deemed to be an agent of the other party for any purpose, and the relationship between the parties shall only be that of independent contractors. Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.

Governing Law and Jurisdiction – These Creator Shop Terms are subject to the governing law, jurisdiction, class action waiver, and other dispute provisions set forth in the Site Terms of Service.

Assignment – Creator Shop Owner shall not assign, delegate, or otherwise transfer its rights or obligations under these Creator Shop Terms, by operation of law or otherwise, without the prior written consent of Creatzy. These Creator Shop Terms will inure to the benefit of the parties and their permitted successors and assigns.

Changes to Creator Shops Terms – We may revise and update these Creator Shop Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Creator Shop Terms means that you accept and agree to the changes. You are expected to check this page from regularly so you are aware of any changes, as they are binding on you.

Severability – If any of the provisions of these Creator Shop Terms are held by a court of competent jurisdiction to be invalid or unenforceable under any applicable statute or rule of law, it shall be replaced with the valid provision that most closely reflects the intent of the parties and the remaining provisions shall continue in full force and effect.

Conflicts – In the event of a conflict between these Creator Shop Terms and the Site Terms and Conditions, the conflicting provision of these Creator Shop Terms shall apply solely with respect to the subject matter of these Creator Shop Terms to the extent of such conflict.

LAST UPDATED: 02/04/2023