Terms of Service

Last updated: 13/04/2024

INTRODUCTION

Welcome to Creator Cards, brought to you by Creator Cards LTD. The following policy tells you the terms on which you may use our website and platform (Creator Cards, creator.cards), whether you are a guest or a registered user. Please read the following terms carefully. By using our website, you accept these terms and conditions, and agree to adhere to them. If you do not agree to these terms, then you must not use the website.

Creator Cards is operated by Creator Cards LTD ("We", "Us", "Our", "Creator Cards"). We are a limited company registered in England and Wales under company number 15545498.

To contact us, either join our Discord server and raise a support ticket, or email us at hello@creator.cards.

ACCEPTANCE

By accessing or using any of our website, in any form, you agree to the conditions set out in this agreement. If you do not agree to these terms then you must not use our website under any circumstances. We want our website to be as open and inclusive as possible, but we also need them to be safe, secure, and in accordance with the law. Therefore to use our website you must agree that you will follow the restrictions outlined below:
  • You are 18 years of age or above.
  • You must not be prohibited from using any aspect of our website under applicable laws.
  • We must not have previously barred you from Creator Cards for violation of law or any of our policies.
In order to register an account (Account) with Creator Cards you must do so by logging in via a third-party platform (Twitch, Youtube). When creating your account you are responsible for ensuring that you adhere to the relevant terms of use of the platform of which you used to register. You agree that you will not register an Account or use the Account of another entity that you do not have proper authorization under any circumstances. You are solely responsible for the security of your account, and all activity that takes place using your account. If there is a breach of your account or unauthorized use you must immediately notify Creator Cards. You can see how to request the deletion of your account by reading our Privacy Policy.

OUR SERVICE

Creator Cards does not function as a financial institution, merchant, creditor, charity, advisor, or broker in any capacity. Creator Cards is a platform designed to allow a Creator to register and use a page such as "creator.cards/creator/CreatorName" to faciliate the sale of their own digital collectibles (Creator Content) to their audience (Supporters).
Supporters are able to make purchases to receive Creator Content.

ACCEPTABLE USE - CREATORS

A Creator is defined as somebody who registers to Creator Cards and uses the platform to sell Creator Content. As stated by the Content Policy, as a Creator you are solely responsible for any Creator Content that you upload to Creator Cards.
Any Creator Content uploaded to our website will be treated as non-confidential and non-proprietary. You will retain all ownership rights of your content, however, you will also grant Creator Cards and other users of the website, a limited licence to use, store, copy and distribute that content and make it available to third parties. Creator Cards may also use the content to improve our website or business without liability to you.
As part of our commitment to protecting the rights of others, as a Creator you also give Creator Cards the right to disclose your identity to any third party who is legitimately claiming that any any Creator Content uploaded by you violates their intellectual property rights, or of their rights to privacy.
You are prohibited from using Creator Cards for any of the following reasons:
  • Any activity that violates our content policy or copyright guidelines, or any other part of these terms.
  • You must not be breaching any law, regulation, industry requirement.
  • You must not use Creator Cards for the purpose of money laundering.
  • You must not use Creator Cards with the purpose of avoiding taxes.
  • Any other reason that Creator Cards may deem as unnacceptable at any time, at our sole discretion.
  • Any activity that is prohibited by the payment providers connected to Creator Cards, such as Stripe or PayPal.
  • You must not use Creator Content for a game of chance, where a fee is paid and a winner is selected at random.

ACCEPTABLE USE - SUPPORTERS

A Supporter is defined as somebody who registers to Creator Cards and uses the platform to purchase any form of Creator Content. You are aware that Creator Cards does not provide any guarantee that the Creator Content is accurate, legitimate, truthful or infact lawful. Creator Cards does not endorse any Creator Content. It is always the choice and responsibility of the Supporter to decide whether they wish to support a Creator. Creator Cards can not be held accountable for any decisions made by the Supporter.
Creator Cards can not, and will not investigate or be held liable in any way for any purchases made in error, refund requests or any other kind of dispute between the Creator and the Supporter.
You are prohibited from using Creator Cards for any of the following reasons:
  • Any activity that violates our content policy or copyright guidelines, or any other part of these terms.
  • You must not be breaching any law, regulation, industry requirement.
  • You must not use Creator Cards for the purpose of money laundering.
  • You must not use Creator Cards with the purpose of avoiding taxes.
  • Any other reason that Creator Cards may deem as unnacceptable at any time, at our sole discretion.
  • Any activity that is prohibited by the payment providers connected to Creator Cards, such as Stripe or PayPal.

PAYMENTS

Creator Cards uses third-party payment providers to facilitate transactions between Creators and Supporters. Payments are made directly from Supporters to Creators via these payment providers. Creator Cards is not a payments provider. By using Creator Cards you agree to be bound by the terms of any third-party payments provider associated with our platform, and that they are responsible for all matters relating to payment and the use of your card details. If you have any questions or concerns regarding payments, you should contact the payment provider directly, and prior to using Creator Cards. Payment providers may expose your personal information to a Creator when you make a purchase.

FEES

Creator Cards reserves the right to change and charge additional fees at any time, for any type of transaction. We will charge fees in relation to the sale of Creator Content. Creator Cards does not identify itself as the seller of Creator Content, or any other goods or services. You agree that any purchase you make is directly between you and the Creator, who act as third-party sellers on our website.

TAXES

It is your own responsibility to seek advice from a tax professional or determine what, if any, taxes apply to the transactions you make or receive in relation to the sale of Creator Content. It is your responsibility to correctly and accurately assess, collect and report the correct tax to your appropriate tax authorities. Creator Cards will not be held liable or responsible for any taxes that you may owe in relation to the sale of Creator Content.

CREATOR CONTENT

Creators can solicit donations and sell digital collectibles (subject to applicable fees). For any transaction regarding Creator Content, the contractual relationship is directly between the Creator and the Supporter. The Creator is responsible for providing the Supporter with their own appropriate terms and conditions relating to the sale of Creator Content. Creator Cards is not a party to any disputes, discussions, demands or otherwise in relation to the sale of Creator Content. Creator Cards can not be held responsible for any returns, claims or loss.

CONTENT POLICY

Our website enables Creators to upload and otherwise make available certain information, text, graphics, videos, audio, or other materials (Creator Content). You are solely responsible for the materials that you post on or through the website. By uploading Creator Content you confirm the following:
  • The Creator Content is yours, you own it or otherwise have obtained the rights to use it for commercial use.
  • You have the right to grant Creator Cards the rights to the Creator Content.
  • Creator Cards retains the right to terminate the account of anyone found to be infringing on a copyright.
  • The Creator Content does not depict, or reference, any form of illicit activity.
  • The Creator Content you are uploading does not violate privacy rights, publicity rights, copyright rights, contract rights, or any other applicable rights.
  • The Creator Content must not include adult or sexually explicit, pornography, nudity, violent, excessively gory or any other obscene content.
  • The Creator Content must not contain hate speech, abuse or intimidation of any kind.
  • The Creator Content must not link to other websites containing such material.
You retain any rights to the Creator Content that you upload on or through the website, you are responsible for protecting these rights. We assume no responsibility or liability for the Creator Content you upload. By uploading Creator Content you hereby grant Creator Cards the right and limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Creator Content on and through the website. You agree that this license includes the right for Creator Cards to make your Creator Content available to other users of the website, who will also retain these limited rights to use your content, subject to these terms. Creator Cards reserves the right but has no obligation to monitor and edit all Creator Content provided by Creators.
If you become aware of any content that violates any of these terms, please report it to us immediately.

COPYRIGHT POLICY

Creator Cards takes the intellectual property rights of others very seriously. It is our policy that we will respond to any claim that Content or Creator Content posted on or through our website infringes on the copyright or other intellectual property rights of any person or entity. You will be held accountable for any damages (including costs and attorney's fees) and claims on the infringement of any User The content found on or through the website. Please refer to the DMCA Notice and Claims Procedure below if you wish to contact us about a claim.

DMCA NOTICE AND CLAIMS PROCEDURE

You may submit a notification according to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the website where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email copyright@creator.cards.

LIMITATION OF LIABILITY

To the fullest extent permissible by law, Creator Cards, nor its directors, employees, partners, agents, suppliers, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages or for any other kind of loss, including but not limited to, loss of data, revenue, profits or reputation arising under these terms, or through your use or inability to use our website, even if Creator Cards has been advised of the possibility of such damages or losses. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the above limitations may not apply to you, check this against your local laws.

INDEMNITY

You agree to defend, indemnify and hold harmless Creator Cards, our directors, employees, partners, agents, suppliers, and affiliates from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from your use or inability to use our website, your Creator Content, your interactions with any of our website users, or your violation of these terms.

WARRANTY

ALL OF OUR WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. FURTHERMORE, CREATOR CARDS DOES NOT WARRANT RESULTS OF USE, THAT THE WEBSITE IS BUG-FREE, OR THAT THE WEBSITE WILL PROVIDE ANY PROTECTION AGAINST VIRUSES OR ANY NETWORK INTRUSIONS OR SECURITY BREACHES, OR THE USE OF OUR WEBSITE WILL BE ERROR-FREE AND UNINTERRUPTED. OUR WEBSITE IS NOT FAULT-TOLERANT AND ARE NOT DESIGNED OR INTENDED FOR USE IN LIFE THREATENING OR HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO SEVERE HARM, DEATH, OR ENVIRONMENTAL DAMAGE. THE USER ASSUMES ALL RISKS ASSOCIATED WITH THE USE OF OUR WEBSITE.

GOVERNING LAW, JURISDICTION

Creator Cards reserves the right to modify or discontinue any aspect of our website at any time, without notice. These terms and the relationship between you and Creator Cards shall be governed by and construed following the laws of England and Wales, without regard to the choice or conflicts of law provisions of any jurisdictions, any disputes, claims, or causes of action in connection with this agreement. England and Wales do not prevent either party from seeking injunctive relief in connection with any breach or threatened breach of this agreement or enforcement or recognition of any award or order in any appropriate jurisdiction. In addition, Creator Cards and yourself agree that we may only bring claims against the other in their individual capacities, not as a plaintiff, class representative, or member in any purported class or proceeding. Creator Cards and yourself agree that each is waiving all rights to a trial by jury regarding any disputes, actions, claims, or causes of action in connection with this agreement or our website. Any claim by either of us arising out of or related to this agreement must be brought no later than one year after it has accrued. If Creator Cards pursues litigation in connection to this agreement, Creator Cards will be entitled to recover its attorney's fees, costs, and any other applicable expenses.

TERMINATION

The terms set out in this agreement are effective until terminated by Creator Cards or you. Creator Cards reserves the right, at its sole discretion, to terminate these terms and/or your access to our website immediately at any time and without cause. Creator Cards will not be liable to you or any third party for termination of the website, if you object to any of the terms in this agreement, or any future changes to them, or become dissatisfied with our website, your only course of action is to immediately discontinue your use of our website. Upon termination of these terms, you shall cease to use all of the website provided by Creator Cards.

YOUTUBE API

Creator Cards uses the YouTube API, and by using the YouTube API within Creator Cards, you consent to adhere to YouTube's Terms of website and Privacy Policy. More details about YouTube's terms can be found here, and Google's terms here.

PRIVACY POLICY

Before using our website, you must read our Privacy Policy to learn about how we treat your data.

CHANGES TO THESE TERMS AND OUR WEBSITE

Creator Cards reserves the right to change and modify these terms at any time without notice, effective upon posting an updated version of this agreement. It is your responsibility to stay up to date with our terms of use. If deemed necessary, we will notify you of the changes. Continued use of our website will be treated as your agreement to any changes in the terms.

Creator Cards may also update and change the website to reflect changes to our user's needs, different features, changes in the law, subscriptions, or for any other reason. We will endeavor to notify you of any major changes to our website, but we are not obligated to do so.