These terms set forth specifically for Creators are incorporated into and made part of the Terms of Service as if included therein verbatim.
You must be over the age of 18 years to offer for sale, sell, or otherwise dispose of Products using the Site and the Services. Or, if under the age of 18, have the express permission of a parent or guardian to use the Service for which they accept responsibility for all activity under your account.
Intellectual Property Rights
By using the Service, you are not transferring any ownership rights or other interests in any property, including without limitation any intellectual property, to Service Provider. To the extent necessary, you are solely responsible for obtaining and maintaining any license authorizing a user or customer to use or granting a limited right of use to any of the Products you submit.
You acknowledge and agree that you are selling a royalty-free, non-exclusive, non-transferable license to use the Products which you submit. You will remain the owner and licensor of the Products; however, you acknowledge and agree that the purchasers may use the license to the full extent provided by law and as otherwise set forth in the TOS, which you acknowledge also states the terms of the license agreement between you and the user or customer. In the event that a user or purchaser misuses or breaches the TOS or uses the Product beyond the scope or in violation of the license, Service Provider has no obligation to take any action to prevent, enjoin, or seek damages with respect to such misuse or breach of the license. As the owner and sole licensor of the Product, you have the right to prevent, enjoin, or seek damages with respect to such misuse or breach. Nothing herein shall prevent or prohibit Service Provider from taking such action as is necessary or appropriate to enforce the TOS or seek damages for any breach of a user or customer in law or at equity.
You represent and warrant that (i) you have all rights necessary to offer to sell, sell, or otherwise dispose of the Products using the Site or the Services; (ii) the offering for sale, sale, or disposal of the Products on the Site and through the Services will not be in violation of any third party property rights; (iii) the offering for sale, sale, or disposal of the Products will not cause you to be in breach of any contracts with any third parties; and (iv) the offering for sale, sale, or disposal of the Product, including without limitation any component or constituent part, including without limitation any labeling, depictions, renderings, or verbiage set forth on the Products or in the packaging of the Products, does or will not violate any third party rights in or to intellectual property, including without limitation, trademarks, service marks, patents, copyrights, and trade secrets.
You represent and warrant that the Products you submit will not contain (i) any false, fraudulent, unlawful, or deceptive claims with respect to the Products, either to Service Provider or third parties; (ii) false, fraudulent, defamatory, unlawful, or misleading claims about any third party; (iii) obscene, discriminatory, harassing, or pornographic statements, representations, and/or depictions.
You represent and warrant that the Products shall be free of any harmful computer code, viruses, worms, trojan horses, malware, or other files or programs designed to limit or control the functionality of other computer hardware or software.
You warrant and represent that all Products you submit for sale on the Service (i) are safe for use in their intended manner and do not contain any harmful, banned, illegal, or inherently dangerous content; (ii) are compliant with any and all applicable statutes, codes, regulations, specifications, ordinances, and other federal, state, and local laws; (iii) are not prohibited under any such federal, state, or local laws and that the Products are in compliance with all consumer protection laws; (iv) all labels, warnings, and disclosures by required law are displayed in the manner required by law; and (v) do not contain depictions of illegal drugs or pharmaceuticals, violence or physical or emotional abuse, racist or derogatory messaging, pornographic or obscene content.
Product Liability Waiver
You agree that Service Provider (i) makes no representation, endorsement, recommendation, warranty, or guaranty with respect to any of the Products to any third parties; (ii) is not and will not be responsible for any flaw or defect in any Products sold by you through the Service; and (iii) is not and will not be responsible for any damage to the Product caused during download or transfer. You agree that you are solely responsible for any representations you make to any third party with respect to the Products.
You agree to indemnify Service Provider, and hold Service Provider harmless for any claim, liability, obligation, lawsuit, cause of action, or debt arising out of (i) your breach of any of the representations set forth in these Creator Terms; (ii) injury to person or property of any nature whatsoever, including without limitation wrongful death, based in whole or in part of the offering for sale, sale, disposal, use, or misuse of the Products; (iii) investigations or lawsuits by governmental agencies or private individuals arising from the offering for sale, sale, disposal, use, or misuse of the Products based on violation of any law, statute, code, rule, regulation, or ordinance; (iv) violation of any law, statute, code, rule, regulation, or ordinance governing product safety; (v) violation of any third party intellectual property rights, including without limitation trademark, copyright, and/or patent infringement or violation of any law governing the protection of trade secrets; and (vi) any other claim of any nature whatsoever arising from the offer for sale, sale, disposal, use, or misuse of the Products.
Compliance with COPPA
You will not actively market any goods or services intended for use by individuals under the age of 13 years.
Compliance with Taxing Authorities
Creator agrees to electronically submit a complete, accurate, and legally binding IRS Form W9 to Service Provider before any of Creator’s Products will be approved for sale on the Service. Service Provider will solicit form W9 from Creator via email at Service Provider’s discretion. Service Provider will electronically submit IRS Form 1099-NEC annually for each Creator whose commission payout threshold has reached $10 for the year. Service Provider will not withhold any taxes, insurance, or additional withholdings on Creator’s behalf. You agree to accurately and timely report your commissions paid from using the Service to the IRS and expressly indemnify Service Provider and hold it harmless from any tax claims or liens issued by any federal, state, local, or foreign taxing authority.
Upon successful checkout and payment remittance by a Customer, Creator shall earn a commission of 70% of the established Product price (after applicable taxes, discounts, transaction fees, and other charges) and Service Provider shall earn a commission of 30%. Funds from completed purchases shall be held by Service Provider on your account for a period of 30 days following the transaction date. Thereafter any monies not refunded, charged back, or otherwise withheld by a customer, user, financial institution, transfer agent, or processor, shall be paid to you on the last day of each month through the payment gateway provided. You are responsible for any transaction fees charged by any financial institution without limitation.
You agree to honor any price for which you submit any Product for sale including any discounts you may offer. The price you post is the total amount to be paid by the customer inclusive of processing fees, taxes, fees due to Service Provider for use of the Site or the Services, and any other charge or expense for which you are or may be responsible.
Buyer Protection and Resolution
You agree that you are responsible for resolving all customer disputes and complaints with regard to your Products. In the event that a user or customer makes a complaint about you or the Products, you agree to work with the user to resolve the dispute using the electronic communication systems provided. Service Provider reserves the right, in its sole discretion, to prohibit you at any time from using the Site or the Services for failure to resolve disputes, inappropriate conduct with respect to users or customers, or violation of these Creator Terms or any other applicable TOS.
Consumer Protection Law
Nothing in these Rules shall be deemed to conflict with any applicable consumer protection law. In the event that a law protecting consumers directly conflicts with these Rules, these Rules shall be deemed modified to the minimal extent necessary to bring the Rules into compliance with the applicable consumer protection law.
You will not make your Products available to or market your Products to anyone located in a country sanctioned by the United States government or any individual included on the U.S. Treasury Department’s Specifically Designated Nationals List.