Terms & Condition
Effective: Aug 12th 2024
CreatorCart Co, a Delaware corporation (“CreatorCart,” “we,” “our,” or “us”) works with certain social media influencer-creators (hereinafter, “Creators”) and third-party brands (each, a “Brand”) to assist Creators and Brands in engaging and interacting with their followers and customers.
As part of this, CreatorCart: (1) facilitates and provides a text messaging service (hereinafter the “Text Service”) which enables followers to subscribe to their favorite Creators’ messaging channels (each, a “Messaging Channel”), and receive text messages (SMS/MMS/OTT), from such Creators about new product drops and/or product offers and promotions offered by the Brands, and (2) hosts a CreatorCart store page on behalf of each Brand (each, a “CreatorCart Store”), through which individuals can purchase the products offered by the applicable Brand (the “Products”) directly from the applicable Brand.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING THE USE OF THE TEXT SERVICE, MESSAGING CHANNELS, AND THE CREATORCART STORES, AND ANY SUPPORT OR OTHER SERVICES WE PROVIDE TO YOU IN CONNECTION WITH THE USE OF THE FOREGOING (COLLECTIVELY, THE “CREATORCART SERVICE”).
NOTICE OF WARRANTY & LIABILITY DISCLAIMERS: PLEASE BE ADVISED THAT CREATORCART DOES NOT PROVIDE ANY WARRANTIES TO YOU AND THESE TERMS LIMIT OUR LIABILITY TO YOU. PLEASE SEE SECTIONS 5, 6, 7, AND 8 FOR FURTHER INFORMATION.
ACCEPTANCE OF THESE TERMS: BY USING THE CREATORCART SERVICE (INCLUDING, BUT NOT LIMITED TO, SUBSCRIBING TO A MESSAGING CHANNEL, OR VISITING, BROWSING, OR PURCHASING ANY PRODUCTS THROUGH A CREATORCART STORE), YOU ACKNOWLEDGE THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO OUR PRIVACY NOTICE AND THESE TERMS AND TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN; (2) YOU MEET THE ELIGIBILITY REQUIREMENTS IN SECTION 1 BELOW, AND (3) YOU ARE ENTERING INTO THESE TERMS WITH CREATORCART. IF YOU DO NOT AGREE TO THESE TERMS OR DO NOT MEET THE ELIGIBILITY REQUIREMENTS, DO NOT SUBSCRIBE TO ANY MESSAGING CHANNELS, DO NOT VISIT, BROWSE, OR PURCHASE ANY PRODUCTS THROUGH ANY CREATORCART STORE, AND DO NOT OTHERWISE USE OR ACCESS THE CREATORCART SERVICE FOR ANY PURPOSE.
1. ELIGIBILITY
You must be at least 18 years of age or the age of majority in your jurisdiction to access and use the CreatorCart Service. You affirm that you are at least 18 years old or the applicable age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2. PRIVACY
The CreatorCart Privacy Notice and these Terms describe our data processing activities with respect to personal data submitted by end users of the CreatorCart Service. By using the CreatorCart Service, you consent to our processing of personal data you may provide or may be transmitted in connection with the use of the CreatorCart Service as described in our Privacy Notice and these Terms. Please note that certain information collected by us in connection with your use of the CreatorCart Service is controlled by the Brands with whom you interact in connection with the CreatorCart Service, as described in our Privacy Notice, and the Brand, not CreatorCart, determines its own policies regarding storage, access, modification, deletion, sharing, and retention of such information. Please review the terms, conditions, and privacy notices for the Brands with whom you choose to interact in connection with your use of the CreatorCart Service about their policies and processes with respect to the access, use, and disclosure of your information.
3. USING THE CREATORCART SERVICE
3.1 Permitted Use
Subject to your compliance with these Terms, CreatorCart grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited right to use the CreatorCart Service, over the internet, solely for your personal, non-commercial purposes, and in accordance with these Terms.
3.2 Restrictions and Prohibited Uses
You shall not, and shall not permit any other person to:
• License, sub-license, sell, re-sell, rent, lease, transfer, distribute, time-share, or otherwise make any portion of the CreatorCart Service available for access by third parties except as otherwise expressly provided in these Terms;
• Access or use the CreatorCart Service (or any part thereof) for the purpose of developing competitive products or services;
• Reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets, or any underlying ideas, algorithms and/or technology from or about the CreatorCart Service;
• Remove, alter, or obscure in any way any proprietary rights notices (including copyright notices) of CreatorCart or its suppliers on or within the CreatorCart Service;
• Attempt to gain unauthorized access to the CreatorCart Service (or any part thereof), or its related systems or networks and/or interfere with or disrupt the integrity or performance of the CreatorCart Service (or any part thereof), or any system, network or data or cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of the CreatorCart Service;
• Frame or utilize framing techniques to enclose the CreatorCart Service or any portion thereof;
• Use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the CreatorCart Service (or any part thereof), content, or the personal information of others without CreatorCart’s prior written permission or authorization;
• Use the CreatorCart Service to store or transmit any malicious or unsolicited code or software, or store, transmit or upload any material and/or content that is false, inaccurate, illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, infringing, libelous, tortious, or otherwise objectionable in CreatorCart’s reasonable opinion, or that in any way violates or infringes upon the rights of a third party, including those pertaining to: contract, intellectual property, privacy, or publicity;
• Impersonate any person or entity, use a fictitious name, or falsely state or otherwise misrepresent your affiliation with any person or entity; or
• Use the CreatorCart Service in any manner that violates any law, rule, regulation, or any other legal or regulatory requirement imposed by any regulatory or government agency.
3.3 Purchasing Products
Please note CreatorCart does not sell any Products to you through the CreatorCart Service. The purchase and sale of any Products are solely between you and the applicable Brand, and conducted on the Brand’s e-commerce store site and not through the CreatorCart Stores. Your purchase of any Products shall be subject to the terms and conditions of the applicable Brand with respect to your purchase of Products from such Brand, including, but not limited to, those pertaining to privacy, pricing, shipping, delivery, returns and/or refunds policies (collectively, the “Brand Policies”). In addition, please note that the prices, offers, promotions, and availability of Products listed on a CreatorCart Store are all subject to the applicable Brand Policies and are not controlled by CreatorCart. Prices, offers, promotions, and availability of Products are subject to change without notice.
3.4 User Submissions
Subject to the licenses granted to us by you herein, you will retain ownership of any messages, photos, video, audio, images, data, information, text, and/or any other content or materials that you submit, transmit, upload, and/or post, or otherwise provide to us, in connection with your use of the CreatorCart Service (collectively, “User Submissions”). By providing User Submissions, you grant CreatorCart a worldwide, non-exclusive, royalty-free, fully paid, transferable right and license (including through the use of subcontractors) to copy, reproduce, use, host, store, transfer, publicly display, publicly perform, transmit, reproduce, modify (for the purpose of formatting for display), and distribute your User Submissions, in whole or in part, as reasonably necessary to provide the CreatorCart Service to you and to provide our services to the Creators and Brands you interact with in connection with the CreatorCart Service. CreatorCart will not review, share, distribute, or reference any User Submissions except as provided in these Terms, our Privacy Notice, or as may be required by law.
3.5 Responsibility for User Submissions
You are solely responsible for any User Submissions submitted, transmitted, and/or contributed by you. By providing User Submissions, you and to the CreatorCart Service, any and all content, messages, data, text, graphics, images, photos, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the CreatorCart Service, but excluding your User Submissions (collectively, the “Content”), any and all modifications, enhancements, and updates to the CreatorCart Service and/or Content. The CreatorCart trademarks are strictly owned by CreatorCart, and nothing in these Terms will be construed to transfer ownership rights or grant any permission, license, or other rights to any CreatorCart trademark without written authorization from CreatorCart. The trademarks, service marks, logos, and/or names of individuals, companies, and/or products mentioned through the CreatorCart Service or within the Content may be the trademarks of their respective owners. CreatorCart reserves all rights and licenses not expressly granted to you in these Terms and no implied license is granted by CreatorCart. The CreatorCart Service, and its underlying technology, and Content are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
3.7 Feedback
You acknowledge that any ideas, inventions, suggestions for improvement, or discussions submitted by you regarding any aspect of the CreatorCart Service, including, without limitation, the functioning, features, and other characteristics or component thereof (“Feedback”) may be used by CreatorCart without compensation or attribution to you, and you hereby grant CreatorCart, its subsidiaries, affiliates, and partners a worldwide, irrevocable, royalty-free, non-exclusive, sublicensable, and transferable license under all your intellectual property rights in and to such Feedback, for CreatorCart to use and exploit for any purpose.
4. ADDITIONAL TERMS AND CONDITIONS FOR THE TEXT SERVICE
4.1 How to Opt-In
You must opt-in to the applicable Messaging Channel for each Creator that you wish to receive text messages from. To opt-in, you must (1) click the “subscribe” or other sign-up link published or made available by the Creator to sign up for their Messaging Channel, and (2) affirmatively consent to subscribe or sign up for the Messaging Channel by sending the text message generated through the Creator’s link subscribing you to the Creator’s Messaging Channel. Note that once you opt-in you will receive text messages from the applicable Creator, even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any company. BY OPTING IN TO RECEIVE TEXT MESSAGES FROM A CREATOR THROUGH THEIR MESSAGING CHANNEL, YOU EXPRESSLY AGREE AND CONSENT TO RECEIVE TEXT MESSAGES (INCLUDING, BUT NOT LIMITED TO, MARKETING MESSAGES) FROM THE CREATOR AND/OR FROM US ON BEHALF OF THE CREATOR, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER, AT THE TELEPHONE NUMBER(S) YOU PROVIDE TO US AT THE TIME OF OPT-IN. IF YOU DO NOT WISH TO RECEIVE TEXT MESSAGES FROM A CREATOR OR FROM US ON BEHALF OF THE CREATOR, AND/OR DO NOT CONSENT TO RECEIVING TEXT MESSAGES DELIVERED VIA AN AUTO-DIALER, DO NOT OPT-IN OR SUBSCRIBE TO THE MESSAGING CHANNELS.
4.2 How to Opt-Out
To stop receiving text messages from a Creator you may text “STOP” to the number from which you are receiving the applicable text messages. You may receive an additional text message confirming your decision to opt out. PLEASE NOTE THAT YOU MUST SEPARATELY OPT-OUT FROM EACH MESSAGING CHANNEL THAT YOU SUBSCRIBED TO. OPTING-OUT FROM ONE MESSAGING CHANNEL, WILL NOT OPT YOU OUT FROM ANY OTHER MESSAGING CHANNELS THAT YOU ARE CURRENTLY SUBSCRIBED TO. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
4.3 Delivery Method
The text messages may be delivered to you using either a standard or an automatic telephone dialing system (“Auto-dialer”); provided that, the foregoing shall not be interpreted to suggest or imply that any or all of the Messages are sent using an Auto-dialer. You agree to use the Text Service in accordance with these Terms and that you will not use the Text Service for any illegal or unlawful purposes.
4.4 Duty to Inform and Indemnify
You certify, warrant, and represent that (a) the telephone and/or mobile numbers that you have provided to us are your numbers and not someone else’s, and (b) you are permitted to receive text messages at each mobile and/or phone number provided. You are responsible for notifying CreatorCart immediately if you change your mobile telephone number. You may notify CreatorCart of a number change by contacting us via email at [please provide email address]. YOU AGREE TO INDEMNIFY CREATORCART IN FULL FOR ALL CLAIMS, EXPENSES, AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, RELATED TO OR ARISING FROM AND/OR CAUSED BY, IN WHOLE OR IN PART, YOUR BREACH OF ANY THE FOREGOING REPRESENTATIONS AND WARRANTIES AND/OR OBLIGATIONS TO NOTIFY CREATORCART IF YOU CHANGE YOUR TELEPHONE NUMBER.
4.5 Cost
CreatorCart does not impose a separate fee for participating in the Text Service or sending text messages as part of the Text Service. However, you acknowledge and agree that communications via text messaging may make use of the data network operated by your telephone, internet and/or wireless service provider to send both test messages and/or data, and that you, and not us, are solely responsible for any fees or charges incurred in connection with your receipt and/or sending of any text messages in connection with your use of the Text Service, including, without limitation, any telephone and/or mobile phone provider charges for SMS/MMS, text, or data usage or services, and/or any service charges for the use of any OTT messaging services.
4.6 Message Frequency
The number of text messages that you receive as part of the Text Service will vary depending on the number of Messaging Channels you subscribe to, and your activity and communications through the Messaging Channels.
4.7 Access or Delivery to Mobile Network is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions, including, without limitation, lapse or termination of your mobile telephone service and/or messaging service, failures in network services, prohibitions or restrictions by carriers and/or service providers of certain mobile and/or messaging features, and/or incompatibility of certain mobile and/or messaging features with your carrier or mobile device and/or messaging service. You understand and acknowledge that the effective delivery and transmission of text messages are outside of CreatorCart’s control, and CreatorCart is not responsible or liable for any failure to deliver and/or receive any text messages, including, without limitation, any issues arising from the circumstances above.
4.8 Promotional Messages from CreatorCart
By opting into receiving text messages from a Creator or Brand through their Messaging Channel, you also consent to receive promotional messages directly from CreatorCart. These messages may include updates about new features, offers, and services provided by CreatorCart, separate from any messages sent on behalf of the Creators and Brands.
You can opt out of receiving promotional messages from CreatorCart at any time by replying “STOP” to any such message. Please note that opting out of promotional messages from CreatorCart does not automatically opt you out of messages from Creators or Brands; you must opt out from each service individually.
4.9 Support/Help
For support regarding the Text Service, please contact us via email at info@creatorcart.com.
5. YOUR INTERACTIONS WITH CREATORS AND BRANDS
You acknowledge and agree that your interactions and dealings with any Creators and/or Brands in connection with your use of the CreatorCart Service, including, but not limited to, purchasing any Products, are solely between you and the applicable Creator and/or Brand. You acknowledge and agree that any problems, disputes, or disagreements between you and any Creator and/or Brand with respect to your interactions, dealings, communications, agreements with, and/or purchase of any Products, from any Creators and/or Brands (hereinafter, “Disputes”) must be resolved solely between you and the applicable Creator and/or Brand.
CREATORCART IS NOT RESPONSIBLE FOR ANY LOSS, HARM, OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH INTERACTIONS OR DEALINGS, AND CREATORCART HAS NO OBLIGATION TO BECOME INVOLVED IN ANY RESULTING DISPUTE. YOU HEREBY RELEASE CREATORCART, ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR INTERACTIONS, DEALINGS, COMMUNICATIONS, AGREEMENTS WITH, AND/OR PURCHASE OF ANY PRODUCTS, FROM ANY CREATORS AND/OR BRANDS, AND/OR ANY RELATED DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
6. INDEMNIFICATION
You agree to indemnify, defend and hold harmless CreatorCart, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any and all claims, demands, damages, liabilities, losses, costs, and expenses (including attorneys’ reasonable fees) arising from: (a) your violation of these Terms; (b) your use or misuse of the CreatorCart Service (or any part thereof); (c) your User Submissions; (d) violation of any Brand Policies; (e) your purchase of any Products and/or your use or misuse of the Products; and/or (f) any Disputes. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which case, you agree to cooperate with us in the defense of the claim. Some jurisdictions limit consumer indemnities, so some portions or all of this indemnity provision may not apply to you.
7. DISCLAIMER OF WARRANTIES & LIMITATIONS ON CREATORCART’S LIABILITY
7.1 No Warranties
THE CREATORCART SERVICE, CONTENT, AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY CREATORCART HEREUNDER ARE PROVIDED TO YOU ON AN “AS IS” BASIS, WITH ANY AND ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND. CREATORCART EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
All Product information, including without limitation, any information, images, pictures and/or materials included in the Product listings, and/or any information about the Brand of the Products (collectively, “Product Information”) is provided for informational purposes and personal uses only. You understand and agree that CreatorCart uses commercially reasonable efforts to display the colors of the Products accurately; however, because individual computer monitors and/or devices may display colors differently, CreatorCart is not responsible for the color accuracy of any Products displayed on or through the CreatorCart Service, and disclaims all liability in this regard. CreatorCart assumes no liability whatsoever for inaccuracies, misstatements, or omissions related to any Product Information, INCLUDING, without limitation, color accuracy of any Products. YOUR USE OF OR RELIANCE UPON ANY Product INFORMATION, INCLUDING, without limitation, any images of any Products, IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE WILL NOT BE LIABLE.
CREATORCART DOES NOT WARRANT OR MAKE ANY GUARANTEE THAT DEFECTS WILL BE CORRECTED OR THAT THE CREATORCART SERVICE, CONTENT, OR ANY OTHER MATERIALS OR SERVICES PROVIDED BY CREATORCART: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE COMPATIBLE WITH YOUR NETWORK, COMPUTER, OR ANY THIRD-PARTY PRODUCTS OR SERVICES; (C) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) WILL BE ACCURATE OR RELIABLE.
7.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATORCART BE LIABLE OR OBLIGATED, WITH RESPECT TO THESE TERMS, THE CREATORCART SERVICE, CONTENT AND ANY OTHER MATERIALS AND/OR SERVICES PROVIDED BY CREATORCART, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF CREATORCART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY OR OBLIGATION: (A) IN THE AGGREGATE, FOR ANY AMOUNTS IN EXCESS OF $100 USD; (B) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (C) FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; (D) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (E) FOR ANY MATTER BEYOND CREATORCART’S REASONABLE CONTROL. THE PARTIES AGREE THAT THESE LIMITATIONS SHALL APPLY EVEN IF THESE TERMS OR ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7.3 Application of Limitations and Disclaimers to Consumers
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the disclaimers, exclusions, and limitations set forth in this Section 7 above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
7.4 Basis of the Bargain
The warranty disclaimer and limitation of liability of this Section 7 as set forth above are fundamental elements of the basis of the agreement between CreatorCart and you. CreatorCart would not be able to provide the CreatorCart Service on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of CreatorCart’s suppliers.
8. THIRD PARTY SITES & SERVICES
The CreatorCart Service may contain links to other third-party websites which are not controlled or owned by CreatorCart (“Linked Sites”). For example, when you elect to purchase a Product listed in a CreatorCart Store, you will be directed to the Brand’s Shopify store, a Linked Site, which is not controlled, operated, or owned by us. If you decide to access and use such Linked Sites, be advised that your use is governed solely by the terms and conditions of such Linked Sites. CreatorCart does not endorse, is not responsible for, and makes no representations as to such Linked Sites, their content, or the manner in which they handle your data. YOU ARE RESPONSIBLE FOR REVIEWING AND COMPLYING WITH THE APPLICABLE TERMS OF SERVICE AND PRIVACY NOTICES FOR SUCH LINKED SITES, and CreatorCart is not liable for any damage or loss caused or alleged to be caused by or in connection with your access or use of any such Linked Sites, or your reliance on the privacy practices or other policies of such Linked Sites.
9. TERMINATION; CHANGES TO THE SERVICE
These Terms will remain in full force and effect as long as you continue to access or use the CreatorCart Service (or any part thereof), or until terminated in accordance with the provisions of these Terms. At any time, CreatorCart may (a) suspend or terminate your rights to access or use the CreatorCart Service (or any part thereof), or (b) terminate these Terms with respect to you if CreatorCart, in good faith, believes that you have used the CreatorCart Service (or any part thereof) in violation of these Terms, including any incorporated guidelines, terms, or rules. Upon termination of these Terms, your right to use the CreatorCart Service will automatically terminate. CreatorCart reserves the right to either temporarily or permanently modify, suspend, or discontinue the CreatorCart Service (or any part thereof) with or without notice. You agree that CreatorCart will not be liable to you or to any third party for any modification, suspension, or discontinuance of the CreatorCart Service (or any part thereof).
10. ELECTRONIC COMMUNICATIONS
By using the CreatorCart Service, you consent to receiving electronic communications from CreatorCart, including, without limitation, notices posted on CreatorCart Stores, via email, and/or through the user interface of the CreatorCart Service. These electronic communications may include notices about information concerning or related to your use of the CreatorCart Service. These electronic communications are part of your relationship with CreatorCart and you receive them as part of your use of the CreatorCart Service. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
11. Availability of the Service
Information describing the CreatorCart Service is accessible worldwide but this does not mean the CreatorCart Service, or certain portions thereof, are available in your country. CreatorCart may restrict access to the CreatorCart Service, or portions thereof, in certain countries at its sole discretion. It is your responsibility to make sure your use of the CreatorCart Service is legal in your country of residence. The CreatorCart Service may not be available or accessible in all languages.
12. GOVERNING LAW
These Terms shall be governed by, construed and enforced in accordance with, the laws of the State of New York, without reference to its choice of law rules to the contrary. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in New York, New York, in connection with any action arising out of or in connection with these Terms. Notwithstanding anything to the contrary herein, CreatorCart may seek injunctive or other appropriate relief in any court with competent jurisdiction in any country, in the event of any actual or alleged violation by you of CreatorCart’s intellectual property or proprietary rights.
13. Modifications to these Terms
CreatorCart reserves the right to update or modify these Terms at any time. Except as otherwise stated in this Section 13, all updates and modifications to these documents will be effective from the day they are posted online at [please provide link where these Terms will be published], as indicated by the “Last Updated” date set forth above. If we make any material changes to these Terms, we will provide you reasonable prior notice of these changes by posting a prominent notice on our website located at [please provide website address] and/or through the user-interface of the CreatorCart Stores, and if we have an email address on file for you, we may notify you of these changes by sending a notification to the applicable email address. Material changes to these Terms will become effective on the date set forth in the notice. It is your responsibility to regularly visit and review these Terms. If you do not agree to any updates or modifications to these Terms,do not use or access the CreatorCart Service and unsubscribe from all Messaging Channels. Your continued use of the CreatorCart Service (or any part thereof, including, but not limited, continued subscription to any Messaging Channel) after the applicable effective date of the revised Terms (set forth above), signifies to us that you acknowledge and agree to be bound by the revised Terms.
14. GENERAL
Neither the rights nor the obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. CreatorCart may freely assign this Agreement and/or any of its obligations and/or rights hereunder; including, but not limited to, delegating the performance of any services hereunder to its affiliates and contractors. Any waiver of any provision of these Terms must be in writing and executed by both parties. The failure of either party to exercise any right provided for by these Terms shall not be deemed a waiver of that right. If any term or provision of these Terms is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, that provision shall be stricken from these Terms and shall not affect the legality, enforceability or validity of the remainder of the provisions set forth in these Terms. These Terms, the Privacy Notice, and any other policies or terms and conditions referenced herein, constitute the entire agreement between the parties regarding the subject matter, and supersede all prior oral or written agreements or communications with regard to the subject matter described. The headings of Sections of these Terms are for convenience and are not to be used in interpreting these Terms. As used in these Terms, the word “including” means “including but not limited to.” You agree that these Terms will not be construed against CreatorCart by virtue of having drafted them. The official text of these Terms (and any notice submitted hereunder) will be in English. The parties acknowledge that they require that these Terms be drawn up in the English language only. In the event of any dispute concerning the construction or meaning of these Terms, reference will be made only to these Terms as written in English and not to any translation into another language.
15. TERMS FOR CREATORCART AUCTIONS
15.1 Auction Rules
• Bidding Process: All bids placed are binding and may not be retracted. Bidders should ensure they are willing and able to purchase the item before placing a bid.
• Auction Duration: Each auction will have a specified duration. Bids can be placed at any time during this period.
• Automatic Bidding: CreatorCart may offer automatic bidding services where users can set a maximum bid amount. The system will then automatically place bids on behalf of the user up to their maximum bid amount.
• Auction Extensions: If a bid is placed within the last 3 minutes of the auction’s scheduled end time, the auction will automatically be extended by an additional 3 minutes. The auction will only end when no new bids are placed within a subsequent 3-minute interval.
15.2 Seller Responsibilities
• Item Description: Sellers must provide a detailed and accurate description of the item, including any known defects or issues.
• Reserve Price: Sellers may set a reserve price for their items. If the highest bid does not meet the reserve price, the item will not be sold.
• Shipping: Sellers must ship the item to the winning bidder within the specified time frame and provide tracking information.
15.3 Buyer Responsibilities
• Payment: Upon submitting a bid, we will issue a pre-authorization hold on your credit card for the full amount, including shipping, taxes, and fees. Bids are non-cancellable. If your bid is not accepted by the seller within 72 hours, CreatorCart will instruct our payment processor to refund the amount in full, and funds will be returned to your account in approximately 3-5 business days.
• Card Payment: By placing a bid, you accept that the card you have on file will be automatically charged if you are the winning bidder at the end of the auction. You can increase your bid via SMS
QUESTIONS AND ADDITIONAL INFORMATION
Please feel free to contact us at info@creatorcart.com if you have any questions about these Terms.