Terms of Service

This page explains the terms ("Shop Owner Agreement") by which you may sell Assets through the Service as a Shop Owner. By creating an account and checking the "I agree" box or accessing or using the Service, you (1) agree that you have read, understood, and agree to be bound by the terms and conditions of these Terms of Service, including the License Terms ("Terms"), which constitute a binding agreement between us, and (2) also that you have read and acknowledge the collection and use of your information as set forth in our privacy policy or privacy statement, as the case may be (the "Privacy Statement"), whether or not you are a registered user of the Service. If you open a Creative Market Shop on behalf of an organization or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. This Shop Owner Agreement is entered into by the Shop Owner whose name is set forth below and Creative Market Labs, Inc. ("Creative Market"), a Delaware corporation.

Shop Owners agree to the following:

This Shop Owner Agreement (the "Shop Owner Agreement") is entered into as of the date (the "Effective Date") the party whose name is set forth below (the "Shop Owner") accepts its terms and conditions by creating an account and is by and between Creative Market Labs, Inc. ("Creative Market"), a Delaware corporation, and the Shop Owner. The Parties agree to the following:

1. Shop Owner Affirmations. You agree that any Assets you make available on the Service, including in any Creative Market Free Good Program, will not violate third-party rights of any kind including, but not limited to, any Intellectual Property Rights or rights of privacy. For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Creative Market reserves the right to ban or remove access to Service if you receive one or more copyright complaints against your listed Assets. You understand that publishing your Assets on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. You affirm, represent and warrant the following:
   1. You have the full right, power and authority to enter into this agreement and to fully perform all of your obligations.
   2. Your Assets and all parts thereof are owned and controlled by, or licensed to you, and your use of the Service is permitted by applicable law and by all applicable rightsholders. You retain all Intellectual Property Rights to your posted Assets.
   3. If your Asset consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs by uploading such Assets to Creative Market, the end user license agreement, terms of service or the equivalent license held by you does allow you to incorporate such elements in the Assets created by you, and to license such Assets to Creative Market.
   4. If your Assets contains music and/or lyrics, you own or have acquired all rights to use such music and/or lyrics and any sound recording from the owner of the copyright in such music and/or lyrics or sound recording.
   5. Your Assets and Creative Market’s use as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
   6. To the extent that your Assets contain identifiable third parties or landmark(s), you represent that you have obtained written consent and/or model and property release(s) of those third-parties pictured, to use such third party’s name or likeness and grant Creative Market all of the license rights set forth in the applicable Licenses, including the Creative Market License Terms and Creative Market Pro License Terms. You also warrant that each such third party has released you from any liability that may arise in relation to such use.
   7. Creative Market may exercise the rights to your Assets granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
   8. You will not provide inaccurate, misleading or false information to Creative Market or to any other User. If information provided to Creative Market or another User subsequently becomes inaccurate, misleading or false, you will promptly notify Creative Market of such change.
   9. You will not use Service to direct Users to other services or sites to purchase Assets.
   10. By using the Service to sell one or more Assets, you agree to pay Creative Market’s fees for such transaction, assume full responsibility for the content of the Assets offered, and accept that Creative Market cannot guarantee exact listing durations.
   11. You agree to abide by any seller guidelines or policies set forth by Creative Market.
2. License Grant.
   1. To Creative Market. By posting any Assets on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Creative Market a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Assets and your name, voice, and/or likeness as contained in your Asset, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Creative Market’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You affirm that any listed Assets are cleared to be sold under the applicable Licenses listed below:
      1. Creative Market License
      2. Creative Market Pro License
   2. To Other Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Service and under these Terms and applicable License. You grant and/or authorize Creative Market to grant each User of the Service who purchases your Assets with all the rights, and subject to all the restrictions, described in the applicable License. You should review the Licenses carefully before uploading any Assets.
3. Asset Delivery. All Assets must be delivered immediately after purchase, with no barriers to immediate download. Whenever required all Asset files should be hosted on Creative Market. You must not require a Buyer to provide personal information in order to access licensed Assets.
4. Resolution Process for Transactions. All parties share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free. Our Service hosts the resolution process for transactions when Buyers claim that their Asset was not received, or the Asset they received was different from what was described in the product listing. We may take a more active role in ensuring transaction problems are resolved; however, you understand that we are not obligated to do so. You agree to permit us to make a final decision, in our sole discretion, on any disputes. We reserve the right to fix any processing errors we discover by debiting or crediting Shop Owners earned credits balance.
5. Payouts & Earnings. Unless otherwise agreed by the parties in writing, Creative Market shall send requested payouts according to published timeframes, and in the method, you select during the payout setup process. Available payout methods are subject to change. Payout requests may only be made if the total amount due to you totals at least $20. Unpaid amounts due shall accrue until the next month in which the amount due is at least $20. Creative Market reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms, or amounts due to any breach of these Terms by you, pending Creative Market's reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information, and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. If you dispute any payment, you must notify Creative Market in writing within thirty (30) days of such payment. Failure to so notify Creative Market shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Creative Market. No other measurements or statistics of any kind shall be accepted by Creative Market or have any effect under these Terms. We may withhold any taxes or other amounts from payments due to you as required by law. To protect against the risk of liability, we may request that our payment service provider hold Shop Owner funds based on certain factors, including, but not limited to, selling history, seller performance, the riskiness of the listing category, or the filing of a dispute claim.
6. Warranty Disclaimer. EACH PARTY’S PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS PRODUCTS OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER PARTY WARRANTS THAT ITS PRODUCTS OR SERVICES WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, WILL MEET THE OTHER PARTY’S OR ANY CUSTOMERS’ REQUIREMENTS OR WILL COMPLY WITH APPLICABLE LAWS.
7. Limitation of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, OR FROM NEGLIGENCE OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR FROM ANY DEFECT OR ERROR IN ITS PRODUCTS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF Creative Market ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS SHOP OWNER AGREEMENT EXCEED THE AMOUNTS PAID TO AFFILIATE UNDER THIS SHOP OWNER AGREEMENT.
8. General.
   1. Independent Contractor. Neither Party shall be deemed to be an agent of the other Party for any purpose, and the relationship between the Parties shall only be that of independent contractors. Neither Party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever.
   2. Governing Law and Jurisdiction. This Shop Owner Agreement is governed and interpreted in accordance with the laws of the State of California, U.S.A. without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods. The Parties consent to the exclusive jurisdiction of, and venue in, Santa Clara County, California, U.S.A. for the adjudication of any disputes arising hereunder.
   3. Assignment. Neither Party shall assign, delegate, or otherwise transfer its rights or obligations under this Shop Owner Agreement, by operation of law or otherwise, without the prior written consent of the other Party (to be granted or withheld in its reasonable discretion); except that Creative Market may assign this Shop Agreement freely in connection with a merger, acquisition, sale of substantially all of its assets or stock, financing, reorganization, or similar transaction. This Shop Owner Agreement will inure to the benefit of the Parties and their permitted successors and assigns.
   4. Merger, Modification and Waiver. This Shop Owner Agreement constitutes the entire agreement between Creative Market and Shop Owner with respect to the subject matter hereof, and merges all prior negotiations and drafts of the Parties with regard thereto. No modification of or amendment to this Shop Owner Agreement, nor any waiver of any rights under this Shop Owner Agreement shall be effective unless in writing. The waiver of one breach or default or any delay in exercising any rights shall not constitute a waiver of any subsequent breach or default.
   5. Severability. If any of the provisions of this Shop Owner Agreement is held by a court of competent jurisdiction to be invalid or unenforceable under any applicable statute or rule of law, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions shall continue in full force and effect.
   6. Counterparts. This Shop Owner Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

Last revised on February 20th, 2018.