Term Of Use - Creatic

Creatic User Terms

Last updated on May 8, 2022.

Welcome to Creatic,

These User Terms (hereinafter referred to as the “Terms” or “Terms & Conditions” or “Terms of Use”) shall govern the relationship between DELIX SOFTWARE SH.P.K., a company registered in Albania, with Tax Identification Number L22205032q and having its registered office address at Ymer Kurti street, 3rd floor, Tirane, Albania (hereinafter referred to the “Company” or “Creatic” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)” or “buyer(s)” or “customer(s)”), and shall govern your use of our website – www.creaticapp.com/ and its related mobile application, namely, ‘Creatic’, as available in Apple App Store, and Google Play Store (hereinafter individually as well as collectively, referred to as the “Platform” or “Site” or “Website” or “App”).

We are a marketplace platform creating, selling and using any graphic digital content. Creatic connects the buyers/seekers of the digital content with the artists/creators/sellers (“Seller(s)” or “Creator(s)”). (“Service”).

These Terms are applicable on all the buyers and other general users and visitors of the Platform. Please read these Terms carefully, as these, along with our Disclaimer, Cookie Policy and Privacy Policy statement forms the entire agreement between you and Creatic. If you do not accept these Terms in its entirety, then you shall not use the Platform or purchase any digital content of the Creator or avail our any of our services. In case you are a creator/artist registered on our Platform, please refer to our “Creator Terms” as posted on our website and App.

Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. these Terms shall be read in conjunction with our Disclaimer, Cookie Policy and Privacy Policy statement.

1. ACCEPTANCE OF THESE TERMS

By downloading our App, or accessing, registering, or using the Platform, or purchasing the digital content or availing Services on our Platform in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the website and App.
ii. You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the State/Country that you reside in, then you must have the permission of your lawful guardian to use and access or make purchases on the Platform.
iii. We must not have previously disabled your account for violation of law or any of our policies or licenses.
iv. You agree, understand and acknowledge that the we are an online marketplace platform that connects you with the creators/artists who sell the various forms of digital content through our Platform (“Creators”), and as such we are only a facilitator between you and the third-party Creators listed on our Platform, and we cannot be a party to or control in any manner any transactions on or off the Platform, or your usage of the digital content. Accordingly, the contract of sale of service or product shall be a strictly bipartite contract between you and the respective Creator.
v. You have read, understood, and consented to our Disclaimer, Cookie Policy as well as our Privacy Policy statement.

2. ACCOUNTS, PASSWORDS AND SECURITY

a) Account: To access various parts of the Platform, and to avail various Services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
b) Social Media Signup: You also have an option of signing up using social media accounts, such as Google and Facebook. In case, you choose to sign up using any of the social media account, you will be re-directed to the website of such social media account, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media website. We are not liable for any loss causes to you due to any action of such third-party websites.
c) Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.

3. ACCESS TO PLATFORM

Subject to your compliance with our policies and applicable law, Creatic hereby grants you a non-exclusive, personal, non-transferable limited license to access and use the Platform. In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the Platform or our services, at our sole discretion.

4. HOW CAN YOU USE THE PLATFORM?

i. Allowed uses:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services on the Platform.
b) License: When you purchase any digital content on our Platform, you shall be responsible for complying with the terms of the license upon which such content is provided to you.
c) Information: Whenever prompted, you must provide us with the correct, accurate and updated information. All the submitted information will be processed in accordance with our Privacy Policy statement.
d) Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, digital content, video, graphics, sound material, published on the Platform, whether a copyright of Creatic, Creators, buyers, other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other Platform or disseminate any part of the material in any other form, unless we have indicated that you may do so.

ii. Restricted uses:
a) You can’t impersonate others, create duplicate accounts, or provide inaccurate information about yourself.
b) You will be able to leave your feedback after purchasing a digital content from the Creator. However, you can’t post, raise, or comment on any political, racist or such other issue which affects a person, community, or society. You must not be abusive and shall only provide your genuine feedback about the digital content that you purchase.
c) You are prohibited from providing a paid or other ingenuine feedback.
d) You must not misuse or interfere with the Services or Platform or digital content or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
e) You must not (unless expressly stated otherwise):
republish material from this Platform;
sell, rent or sub-license material from the Platform;
show any material from the Platform in public without our consent;
edit or otherwise modify any material on the Platform (other than editing your own information as per the method provided);
reproduce, duplicate, copy or otherwise exploit material on our Platform for a commercial purpose; or
redistribute material from the Platform, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our Creators, other users, licensors or any third party;
We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.
f) You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
g) You must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
h) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform, without our express written consent.

In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the Platform or our services, at our sole discretion.

5. OUR CONTENT AND RIGHTS

Our website, App, software, editor, platform, marketplace, logos, content, designs, graphic digital content, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of Creatic, Creators, and/or its licensors, as the case may be. Your use of or access to our Platform or purchase of graphic digital content or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Platform, graphic digital content or our services, any content (except your own content), designs, published by us or our licensors or third parties. This Platform and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Platform are the exclusive property of or are licensed to the Creatic and are protected. No use of a trademark, trade dress, trade name, content or design appearing on this Platform may be made without the prior written permission of the Creatic.

6. YOUR CONTENT AND RIGHTS

a) Your Content is yours: The content, such as feedback left by you may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
b) License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.
c) Description of License: Specifically, when you share a feedback that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your feedback. However, we do not have any responsibility to use or display any part of your feedback on any part of the Platform. We retain the right to display the same at our own discretion. For example, if we find it untrue, defamatory, misleading, or false, we might not display the same.

7. CONTENT POSTED BY CREATORS AND OTHER USERS

While using our Platform and our Services, you may encounter content or information (such as graphic digital content, and other information posted about creators) that is posted by Creators themselves and the comments posted by other buyers. Therefore, there is a likelihood that such information or content be infringing, violative, inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Creatic generally does not review content (including graphic digital content) provided or listed by our Creators or feedback posted by other users. Please read our detailed Disclaimer posted on the Site and App.

8. LICENSE OF GRAPHIC DIGITAL CONTENT

a) License: Whenever you purchase a license of a particular graphic digital content listed on our Platform, in that case, from the date of such purchase of license, the respective Creator grants you, subject to the terms and conditions mentioned this Agreement and the particular license (“License Terms”), one of the following licenses: a) Personal License, and b) Commercial License.
b) Personal License: Unless otherwise stated by the Creator, whenever you purchase a Personal License of a graphic digital content, you receive a limited (meaning it comes with limitations), non-sublicensable (meaning you cannot further sub-license the same), non-transferable (meaning you cannot sell it or transfer it to others), a non-exclusive (meaning that Creators can grant similar license to others), worldwide (meaning that you can use it in any part of the world), and perpetual (meaning that you can use it forever) license in respect of such graphic digital content only, to use it for your personal and non-commercial use, in any and all media and formats. The Personal License allows you to remix, adapt, and build upon the graphic digital content for non-commercial purposes only. You are only allowed to use and edit the graphic digital content on Creatic platform only. You must give credit to the Creator in each such use, and you are expressly prohibited from distributing the graphic digital content (or any of its elements) either on Creatic or any elsewhere.
c) Commercial License: Unless otherwise stated by the Creator, whenever you purchase a Commercial License of a graphic digital content, you receive a limited (meaning it comes with limitations), non-sublicensable (meaning you cannot further sub-license the same), non-transferable (meaning you cannot sell it or transfer it to others), a non-exclusive (meaning that Creators can grant similar license to others), worldwide (meaning that you can use it in any part of the world), and perpetual (meaning that you can use it forever) license in respect of such graphic digital content only, to use it for your personal as well as commercial use, in any and all media and formats. The Commercial License allows you to remix, adapt, and build upon the material for commercial as well as for the non-commercial purposes. You are allowed to use and edit the graphic digital content on Creatic, or any other platform. It’s not mandatory to provide credit to the Creator for the use. You can use the end product derived from the use of the graphic digital content for commercial purpose. However, you are expressly prohibited from distributing the graphic digital content (or any of its elements) directly either on Creatic or any elsewhere.
d) Rights of Creators: Nothing mentioned above takes away the rights of the Creators to set their own license terms for the license to the graphic digital content offered by them. You are responsible to read and understand the license terms before purchasing the license.
e) Obligation: You must not use the graphic digital content (or any of its elements) in connection with anything immoral, insensitive, derogatory, obscene, illegal, or in any manner that could spark a public debate or hurt religious sentiments or that which could in any way adversely affect the goodwill or reputation of the graphic digital content or Creator or Creatic or that contravenes Section 10 (Restrictions).
f) Termination of License: If you breach any of the terms hereinafter stated (including Section 10), then we/Creator reserve the right to terminate your license with an immediate effect. We also reserve the right to demand you to delete and remove the graphic digital content, either wholly or partially used, in any project or content, or in any manner that negatively impacts the goodwill of the graphic digital content or Creator or Creatic.

9. RESTRICTIONS ON USE OF GRAPHIC DIGITAL CONTENT

a) No Selling: You cannot sell or transfer the graphic digital content or any of its elements.
b) Hateful or offending use: You shall not use the graphic digital content in a way that could be considered immoral, hateful or derogatory of or by any race, nationality, ethnic identity, gender, gender identity or sexual orientation, or political or religious belief, without obtaining prior written approval from us in this regard.
c) Violation of Applicable Law: You shall not use the graphic digital content in or in relation to any immoral, pornographic, defamatory or other unlawful manner, or in violation of any applicable statute, rule, regulations, government order, or court order.
d) Inappropriate Content: You shall not use the graphic digital content in any way that might be considered libellous, obscene, drug or alcohol abuse, tobacco use, excessively violent, content deemed appropriate for mature audiences only, immoral or illegal.
e) False inferences: You shall not use the graphic digital content in any manner that creates a false inference or places the graphic digital content or its Creator or Creatic, in a context that is likely to result in bringing such artist or Creatic into public disrespect, scandal, or ridicule.

10. PRIVACY

To see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Site.

11. LINKS TO THIRD-PARTY AND GRAPHIC DIGITAL CONTENT PROVIDED BY CREATORS

The Platform might contain links to third-party websites, products and services (for example, third-party payment service providers). Such third-party links are not under the control of Creatic, and Creatic is not responsible for any third-party links or graphic digital content being sold on license by the Creators. Creatic provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links or the graphic digital content of the Creators. You shall use all third-party links at your own risk and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party Platform, and you get out of the jurisdiction of our Platform. Therefore, you shall be governed by the terms, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links or graphic digital content of the Creators, Creatic shall not be responsible.

12. PAYMENTS AND TAXES

All licenses to graphic digital content are subject to acceptance of the terms of the particular license, and you agree to pay for the license of the graphic digital content that you purchase on our Platform, and you authorize us or our third-party payment service providers to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to bear all the applicable taxes and duties (wherever applicable) Our Creators reserve the right to modify the prices of the licenses, and we reserve the right to discontinue any of our services, at any time at our sole discretion, without any prior notice.

13. NO REFUND

Since the transactions carried out on the Platform are for the purchase of the license of graphic digital content of third-party Creators, therefore, there will be no return or refund for the same. We disclaim all warranties of non-infringement or fitness for a particular purpose in respect of the graphic digital content, and therefore, you must act with caution before the purchase of such license.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall Creatic (or our licensors or affiliates) be liable to you or any third party for any financial loss, transaction failure, fraud, loss occurred due to use or exploitation of the graphic digital content purchased from the Creators on our Platform, costs of procurement of substitute products or services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use the Platform, even if Creatic has been advised of the possibility of such damages. Access to, and use of the Platform and graphic digital content is at your own discretion and risk, and you will be solely responsible for any damage to your person intellectual property or device or computer system, or loss of data resulting therefrom.

15. INDEMNITY

You acknowledge to defend, indemnify, and hold Creatic, its owners, Creators, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party rights;
b) Your wrongful or improper use of our services, graphic digital content or the Platform;
c) Your violation of any applicable laws, license, rules or regulations through or related to the use of our services or graphic digital content;
d) Your violation of these Terms, or any other policy of Creatic as associated with our Services or the terms of the license upon which Creator licensed the graphic digital content to you;
e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our Services.

16. GOVERNING LAW AND DISPUTE RESOLUTION

i. Governing Law: These Terms and any dispute arising from the same will be governed by applicable laws of Republic of Albania.
ii. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Albania.
iii. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY. YOU AND CREATIC ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND CREATIC, SHALL BE RESOLVED BY A JUDGE.
iv. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE BUYER CANNOT BE CONSOLIDATED WITH THOSE OF ANY OTHER BUYER(S).
v. Disputes between you and Creators: You understand and acknowledge that Creatic is a mere facilitator between you and the Creators, and we in no way are responsible for the conduct of the Creators or the quality or warranties in respect of the graphic digital content (or any element thereof) being sold/licensed by the Creator. Therefore, if you have any claim or dispute against a Creator (or its graphic digital content), you undertake to take it up directly with the concerned Creator. Creatic shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that a Creator has violated our Creator Terms (as posted on the Site and App), applicable law, or any other policy of Creatic, you can file your complaint at contact@creaticapp.com, and we will take necessary action in accordance to our policies and applicable law.

17. Notices

When you use the Platform or send emails to Creatic, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. Creatic will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If You want to give a notice to us, you can do so by dropping an electronic mail to contact@creaticapp.com.

18. Miscellaneous

i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement
ii. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
iii. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Creatic and you or any other party be deemed to modify any provision of these Terms.
iv. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
v. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
vi. No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Creatic, which may be withheld at Creatic sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
vii. Entire Agreement: The Terms, Disclaimer, Cookie Policy and our Privacy Policy statement, together with license terms of the license that you purchase, and any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Creatic and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.
viii. Force Majeure: Creatic will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
ix. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
x. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to these Terms shall constitute your acceptance to such amendments.

19. Grievance Officer/Designated Representative

In the event you have any grievance regarding anything related to these Terms or Disclaimer or Privacy Policy or Cookie Policy, or with any content or service of Creatic, in that case you may freely write your concerns to the Grievance Officer/Designated Officer appointed below:
Name: Ledion Dyrmishi
Email: ledion.dyrmishi@delixsoftware.com
Postal Address for Complaints: Ymer Kurti street, 3rd floor, Tirane, Albania

20. Feedback and Information

We welcome your questions or comments regarding these Terms. You can write to us via email: contact@creaticapp.com.

Creatic Creator Terms

Last updated on May 8, 2022.

These Creator Terms shall be applicable only to the creators who have signed up on our website – www.craticapp.com/ and/or its related mobile application, namely, ‘Creatic’, as available in Apple App Store, and Google Play Store (hereinafter referred to as the “Platform” or “App” or “Site”), as made available by DELIX SOFTWARE SH.P.K., a company registered in Albania, with Tax Identification Number L22205032q and having its registered office address at Ymer Kurti street, 3rd floor, Tirane, Albania.

These Terms will be deemed as accepted by you by accessing the Platform or using or registering on our Platform as a Creator/Seller/Artist or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms.

In addition to these terms, our Disclaimer, Cookie Policy, and Privacy Policy statement posted on the Site shall also be applicable to you.

1. DEFINITIONS

For the purposes of these Creator Terms, the following capitalised terms shall have the following meaning:
i. ‘App’ shall refer to mobile application, namely, ‘Creatic’, as available in Apple App Store, and Google Play Store.
ii. ‘Terms’ shall refer to these Creator Terms, as applicable to the creators/artists/sellers registered on our Platform to offer or promote various graphic digital content and its elements.
iii. ‘Company’ shall refer to DELIX SOFTWARE SH.P.K., a company registered in Albania, with Tax Identification Number L22205032q and having its registered office address at Ymer Kurti street, 3rd floor, Tirane, Albania.
iv. ‘Buyer(s)’ shall refer to the buyers of the Platform who avail/purchase the personal or commercial license of the graphic digital content from the Creators.
v. ‘Disclaimer’ shall refer to the Disclaimer posted on our Site and App.
vi. ‘Service’ shall mean the services of the marketplace offered to you and the buyers by Creatic.
vii. ‘Privacy Policy’ shall refer to the Privacy Policy statement posted on our Site and App.
viii. ‘Creator’ shall refer to you, the creators/artists/sellers who have registered on our Platform to offer various kinds of graphic digital content on license.

2. ACCEPTANCE OF THESE TERMS

By registering on our Platform as a ‘Creator’ or using or accessing the Platform, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that you have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Site and App.

3. UPDATES

From time to time, we will bring new updates to our Platform, mostly in order to enhance your experience and/or to improve the safety and security of our Platform, Creators and buyers, or for any other reason as we deem fit at our sole discretion.

4. ACCOUNT REGISTRATION AND VERIFICATION

a) Account Registration: To access the Platform as a Creator and to sell licensed of your graphic digital content, you are required to sign up and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself and/or your business. As part of the registration process, you will create a password and an account.
b) Registration Details and Verification: While registering the account on the Platform, you will be required to furnish details about you and your work. You agree and acknowledge that we reserve the right to, directly or through a third-party service, validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your Creator account information. If any information provided by you is found to be incorrect or misleading, we reserve our right to take appropriate steps as set forth under Section 4(d) of these Terms. We reserve the right to seek additional information from you about you, your work and graphic digital content offered by you, from time to time and you consent to provide such additional information to continue using the Services on the Platform.
c) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users (such as your employees, administrators, etc.) registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) not give access to your Platform account details (including password) to any third party or to more than the prescribed number of allowed users as per the Subscription plan purchased by you, without our written consent. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account, and refuse current or future use of any or all the Services, without providing a refund to the balance not withdrawn by you.

5. CREATOR’S OBLIGATIONS, REPRESENTATIONS AND WARRANTIES

i. You represent, warrant and agree that:
i.a. you are an individual or a lawful business entity, and are fully able and competent to understand and agree to these Creator Terms;
i.b. you have full power and authority to accept the Terms on behalf of the Company (if applicable), and to perform the obligations hereunder;
i.c. you have read, understood and consented to our Disclaimer, Cookie Policy, and Privacy Policy statement posted on the Site and App;
i.d. In case you are a business entity, then your business is validly existing and incorporated / established as per the provisions of applicable laws, and your business is not prohibited as per laws of the jurisdiction to which you are subject;
i.e. you shall comply with all applicable laws while promoting or licensing your graphic digital content or materials to the buyers;
i.f. you shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any graphic digital content or material that you offer;
i.g. any description, bio or content or description that you post is true, complete and not misleading, and the same does not and will not violate any intellectual property rights;
i.h. once you sell the license of your graphic digital content to the buyer, you will not revoke it or do any act that renders such license useless or less effective or that adversely affects the graphic digital content;
i.i. you will abide by the terms of the license over which you sell the graphic digital content;
i.j. you have all the required licenses, rights and/or permits to offer the license of the graphic digital content(s), and use of the graphic digital content by the buyers as per the terms of the license, will not infringe upon any third-party rights;
i.k. You will not, or attempt to, promote or deliver graphic digital content or material that: (i) violates, or may violate, the rules or policies of Card Networks or payment partners; (ii) is prohibited products and activities under any applicable law; (iii) constitutes illegal activity or is illegal; (iv) promotes or encourages discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age; (v) targets, or intends to distribute to, children under the age of thirteen (13) years old; (vi) or is abusive towards other people;
i.l. In the event you promote or deliver graphic digital content that contain personal information of any other individual, you must have provided any such notice to data subjects that may be required under applicable law and, to the extent required under applicable law, established a legal basis for your use of such personal data.
i.m. You will not, or attempt to, defame, or impersonate any entity or person, including, without limitation, copying the “look and feel” of any third-party website or branding, or conveying or implying that you are operating a third-party website or entity;
i.n. You will not, or attempt to, probe, exploit, disable, avoid, deactivate, remove, circumvent, crawl, scan, penetrate, or test the integrity and vulnerability of the Platform in any manner, including any client or server machine, or other security or authentication measures and safeguards;
i.o. You will not, or attempt to, disassemble, reverse engineer, or decompile any part of the Platform;
i.p. You will not, or attempt to, embed, insert, include, or disseminate any viruses or other harmful, or potentially harmful, data or technology into or through the Platform, including, without limitation, for the purposes of disrupting, damaging, or interfering with the Platform and/or other users of the Platform;
i.q. You will undertake best efforts to ensure that all communications and/or representations you make in connection with your graphic digital content or material will: (i) be accurate and contain all disclosures and disclaimers necessary to prevent such communications and/or representations from being false, deceptive, or misleading; and (ii) otherwise comply with all applicable laws, regulations, advisories, and policies related to consumer protection; and
i.r. You will promptly: (i) respond to inquiries from Creatic; (ii) notify Creatic of any regulatory or legal complaints, or threats of such complaints, that you receive in connection with or in relation to your graphic digital content or material; and (iii) in connection with (ii) directly above, assist, at your sole cost and expense, in taking any appropriate or necessary actions reasonably requested by Creatic to respond to and/or resolve such complaints.
ii. Creator will be required to provide your information, and up to 5 (five) links to your work portfolio, as part of the registration process on the Platform. Creator represents, warrants and agrees that:
ii.a. such information, links and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete; and
ii.b. Creator will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
iii. Creator may be required to furnish additional documents or information about material that the Creator may offers for sale on the Platform in order to authenticate that the graphic digital content is genuine and authentic and does not infringe intellectual property rights or proprietary rights of any third party. Creator agrees to promptly provide such additional documents and information, failing Creatic reserves its right to take appropriate measures as set out in these Terms.

The failure of the Creator to comply with any of the above, or any other provision of these Terms can lead to necessary action taken by Creatic, including without limitation, suspension or removal of the account, with forfeiture of money, and take other legal recourse, at the sole discretion of Creatic.

6. TRANSACTIONS, FEES, TAXES, AND PAYMENTS

a) Service: The Creatic allows you to promote, market or advertise (“Promote”) your graphic digital content and sell, distribute, or provide (“Deliver”) such graphic digital content to a third-party purchaser (“buyer”). All the transactions between you and the buyers take place on the Creatic platform.
b) Creatic’s service fee is as follows:
Content sold on the website: For the content sold on the website, Creatic’s service fee shall be 10%. In this case, you will receive 90% of the revenue for the content sold on the website (www.creaticapp.com/).
Content sold on the App: For the content sold on the App, Creatic’s service fee shall be 40%. In this case, you will receive 60% of the revenue for the content sold on the App.
c) Pricing Graphic Digital Content: With respect to your graphic digital content, you may upload a digital file (including, but not limited to, .mp3, .pdf, .png, .jpeg files) to the Platform and promote the graphic digital content at a retail price determined by you, in your sole and absolute discretion (the “Retail Price”). Upon receiving a buyer’s offer to purchase the graphic digital content, Creatic will immediately undertake technological efforts to digitally duplicate the graphic digital content and purchase such graphic digital content from you at a price equivalent to the Retail Price minus the Creatic Service Fee and taxes (if any).
d) Time of Payment: The final price will be paid to you within a period of 45 days from the last day of the fiscal month, and shall accumulate as part of your balance. When you balance reaches a US$100, it is automatically and directly transferred to your bank account, the details of which are provided by you. It may take up to 7 (seven) business days for the amount to reflect into your bank account, and shall be subject to any conversion fee, charges and/or landing fee of your bank.
e) Tax: You agree to be solely responsible and liable for the proper administration, imposition, collection, reporting, and remitting of all applicable taxes. We emphasise that this information is not intended and should not be used as legal advice. If you are unsure as to your tax responsibilities, then you should seek advice from experts on this subject.
f) Disclosing Earnings: It is your personal responsibility to disclose your earnings to your relevant tax authority and you must ensure that you are paying the correct amount of tax. This is particularly relevant for users who are operating as a business.
g) EU Buyers: With respect to sales of applicable graphic digital content made to European Union consumers, Creatic may, collect, report, and remit Value Added Tax governing “telecommunications, broadcasting, and electronic services” in accordance with the applicable European Commission VAT regulations.
h) Exchange Rate: Creatic cannot and does not guarantee the accuracy of the exchange rates displayed due to the fluctuating nature of market rates.
i) Refunds: In case we decide to refund the amount of the graphic digital content, either wholly or partially, for any reason whatsoever, we will deduct that amount from the balance payable to you. In case your balance is insufficient, then we reserve to take out such amount from any future balance. All decisions of Creatic in this respect shall be final and binding.
j) Reservation of Right: Creatic reserves the right, in its sole discretion, to modify its service fee, minimum withdrawal amount, and/or time or method of payment, without serving any prior notice to you in this respect.

7. OWNERSHIP AND INTELLECTUAL PROPERTY

a) Rights of Creatic: This website, App, platform, editor, software, its logos, its content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of the Creatic, and/or its licensors, as the case may be. Your use of or access to this Site, App, portal, or availing of our Services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Site, App, platform, our services, any content (except your own content), designs, published by us or our licensors or third parties.
b) Your Rights: The content, including without limitation, information about you, your work, graphic digital content, and other information that you post or share or promote or list or sell may be protected by intellectual property laws. You own the intellectual property rights in any such content. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
c) Our License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services, and for listing it so that other buyers are able to purchase the license. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content.
d) Terminating our License: You can end this license for specific content by deleting such content from the Platform, or generally by closing your account, except (a) to the extent you sold or shared it with others as part of the Service and they used, copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems. This will however not terminate the license of the buyers to use the graphic digital content as per the terms of the license that they purchased it from you.

1. LICENSE OF GRAPHIC DIGITAL CONTENT
a) License: Whenever you purchase a license of a particular graphic digital content listed on our Platform, in that case, from the date of such purchase of license, the respective Creator grants you, subject to the terms and conditions mentioned this Agreement and the particular license (“License Terms”), one of the following licenses: a) Personal License, and b) Commercial License.
b) Personal License: Unless otherwise stated by the Creator, whenever you purchase a Personal License of a graphic digital content, you receive a limited (meaning it comes with limitations), non-sublicensable (meaning you cannot further sub-license the same), non-transferable (meaning you cannot sell it or transfer it to others), a non-exclusive (meaning that Creators can grant similar license to others), worldwide (meaning that you can use it in any part of the world), and perpetual (meaning that you can use it forever) license in respect of such graphic digital content only, to use it for your personal and non-commercial use, in any and all media and formats. The Personal License allows you to remix, adapt, and build upon the graphic digital content for non-commercial purposes only. You are only allowed to use and edit the graphic digital content on Creatic platform only. You must give credit to the Creator in each such use, and you are expressly prohibited from distributing the graphic digital content (or any of its elements) either on Creatic or any elsewhere.
c) Commercial License: Unless otherwise stated by the Creator, whenever you purchase a Commercial License of a graphic digital content, you receive a limited (meaning it comes with limitations), non-sublicensable (meaning you cannot further sub-license the same), non-transferable (meaning you cannot sell it or transfer it to others), a non-exclusive (meaning that Creators can grant similar license to others), worldwide (meaning that you can use it in any part of the world), and perpetual (meaning that you can use it forever) license in respect of such graphic digital content only, to use it for your personal as well as commercial use, in any and all media and formats. The Commercial License allows you to remix, adapt, and build upon the material for commercial as well as for the non-commercial purposes. You are allowed to use and edit the graphic digital content on Creatic, or any other platform. It’s not mandatory to provide credit to the Creator for the use. You can use the end product derived from the use of the graphic digital content for commercial purpose. However, you are expressly prohibited from distributing the graphic digital content (or any of its elements) directly either on Creatic or any elsewhere.
d) Rights of Creators: Nothing mentioned above takes away the rights of the Creators to set their own license terms for the license to the graphic digital content offered by them. You are responsible to read and understand the license terms before purchasing the license.
e) Obligation: You must not use the graphic digital content (or any of its elements) in connection with anything immoral, insensitive, derogatory, obscene, illegal, or in any manner that could spark a public debate or hurt religious sentiments or that which could in any way adversely affect the goodwill or reputation of the graphic digital content or Creator or Creatic or that contravenes Section 10 (Restrictions).
f) Termination of License: If you breach any of the terms hereinafter stated (including Section 10), then we/Creator reserve the right to terminate your license with an immediate effect. We also reserve the right to demand you to delete and remove the graphic digital content, either wholly or partially used, in any project or content, or in any manner that negatively impacts the goodwill of the graphic digital content or Creator or Creatic.
g) Setting your License Terms and Price: You are free to set your prices for the graphic digital content, and also the terms of the license on which you want to sell your graphic digital content. However, such terms must be unambiguous, not unnecessarily restrictive, or arbitrary.

8. UPTIME

Creatic will use commercially reasonable efforts to make the Site, App, platform, portal and Services available for access by the Creator 97% of the time, measured on a monthly basis, excluding Planned Outages. “Planned Outages” shall mean the installation of upgrades, routine application, server, or network configuration changes, and other reasonable maintenance activities. Creatic will post an advance announcement of any Planned Outage or intimate the Creator about the same through any other way. We disclaim that the Site, App, or portal will be available on an uninterrupted or timely basis at all time. We will not be liable to you for any lost profit or loss of revenue if anyone is not able to use our Platform due to any reason.

9. COMPLAINTS

In case, any buyers have complained about the any aspect of the services or graphic digital content or license, we will look into such complaint, provide you a reasonable opportunity of being heard, and then take a decision on what action is to be taken against you. In case, you are found to be violating any provision of these Terms, we reserve the right to suspend or remove your account, and prohibit future use of our Services to you, at our sole discretion, without any refund of the unused portion of your balance. You hereby agree to fully co-operate with us on a timely basis for the resolution of the complaints submitted by the buyers against you or your graphic digital content.

1. NO WARRANTIES
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS, PLATFORM, APP, SITE, EDITOR, MARKETPLACE, AND OUR SERVICES ARE PROVIDED TO YOU “AS IS”. WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING PLATFORM OR PORTAL OR OUR SERVICES, INCLUDING THAT OUR SERVICES WILL BE AVAILABLE, BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF USE OF OUR SERVICES OR THE PLATFORM.

2. LIMITATION OF LIABILITY AND INDEMNITY
i. To the maximum extent permitted by law, in no event shall Creatic (or our licensors or affiliates) be liable to you or any third party for any financial loss, loss of time, lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use the Platform, even if Creatic has been advised of the possibility of such damages. Access to, and use of, the Platform is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system or business, or loss of data resulting therefrom.
ii. Creator agrees to indemnify Creatic, its buyers, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from or in connection with: (i) your graphic digital content; (ii) from your use of the Platform or any of the Services; (iii) from your breach of the Terms or breach of any applicable laws; (iv) your negligence or wilful misconduct or unprofessional behaviour; (vi) any alleged or actual copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claim, demand or action resulting from the use of any of the Services.

3. GOVERNING LAW AND DISPUTE RESOLUTION
a) Governing Law: These Terms and any dispute arising from the same will be governed by applicable laws of Republic of Albania.
b) Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Albania.
c) Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY. YOU AND CREATIC ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND CREATIC, SHALL BE RESOLVED BY A JUDGE.
d) Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CREATOR CANNOT BE CONSOLIDATED WITH THOSE OF ANY OTHER CREATOR(S).
e) Disputes between you and the buyers: You understand and acknowledge that Creatic is a mere facilitator between you and the buyers, and we in no way are responsible for the conduct of the buyers or their use or misuse or exploitation of your graphic digital content. Therefore, if you have any claim or dispute against a buyer, you undertake to take it up directly with the concerned buyer. Creatic shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that a buyer has violated our User Terms (as posted on the Site and App), applicable law, or any other policy of Creatic, you can file your complaint at contact@creaticapp.com, and we will take necessary action in accordance to our policies and applicable law.

10. NOTICES

When you use the Platform or send emails to Creatic, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. Creatic will communicate with you by email or by posting notices on this App/Site. You agree that all Terms, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to contact@creaticapp.com.

11. MISCELLANEOUS

i. Export Control: You acknowledge and agree to comply with all applicable export laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other applicable laws. You hereby represent and warrant that any graphic digital content or material promoted or sold is approved for export from applicable regulatory authorities, without additional authorization or licensing from the applicable government. Should the export authorization status of your graphic digital content change, you must immediately notify Creatic in writing.
ii. No Relationship: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
iii. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement
iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
v. Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Creatic and you or any other party be deemed to modify any provision of these Terms.
vi. Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
viii. No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Creatic. Any attempted assignment that does not comply with these Terms shall be null and void.
ix. Entire Terms: The Terms, Privacy Policy, Disclaimer, and Cookie Policy, together with the license on which you license the graphic digital content to the buyers, and any additional terms and conditions incorporated herein or referred to herein constitute the entire Terms between Creatic and you, relating to the subject matter hereof, and supersedes any prior understanding or Terms (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.
x. Force Majeure: Creatic and affiliates will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
xi. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
xii. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to the Terms shall constitute your acceptance to such amendments.

12. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE

13. CONTACT US

If you have questions or need any clarification or have any grievance, please feel free to contact us at contact@creaticapp.com.