Last Modified: September 24, 2019
This agreement remains in full force and effect while you use the Platform. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Platform is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Platform.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform or our Services following the posting of revised Terms means you accept and agree to the changes.
One of the services on the Platform is facilitating connections between designers and those seeking design services. The Platform not only helps companies and designers find each other, but also focuses on providing protection and enhancing efficiency for hirers and designers. Designers create profiles on the Platform listing their experience and services, and then companies and individuals seeking design services hire designers to perform specific projects.
All users engaging through the Platform must enter into a written contract for design services that specifies the scope of the design project, deliverables and milestones, fees, payment and project schedules, and penalties for not meeting the outlined delivery schedule. The Company offers a standard contract through the Platform for this purpose, but hiring parties can also upload their own contracts to the Platform, provided such custom contracts include the terms described above. Additionally, all custom contracts must incorporate these Terms by reference and be consistent with these Terms. In the event of a conflict between a custom contract and these Terms, these Terms prevail. The Company reserves the right to immediately cancel any contract that does not comply with these Terms and will have no liability for such decision.
Design Fees; Facilitation Fees
The designer and hiring party will agree on the design fees for any project in the signed contract. The Company’s facilitation fee is based on the total amount that the designer has earned through the Platform (before the Company’s facilitation fee is paid), on the following schedule:
- If the designer has earned $0 - $500 on the Platform before the impending payment, the Company’s facilitation fee equals 15% of the any amount paid to designer through the Platform;
- If the designer has earned $500.01 - $10,000 on the Platform before the impending payment, the Company’s facilitation fee equals 10% of any amount paid to designer through the Platform;
- If the designer has earned $10,000.01+ on the Platform before the impending payment, the Company’s facilitation fee equals 8% of any amount paid to designer through the Platform.
The facilitation fee is based on the total amount earned by designer on the Platform prior to the payment and only one facilitation fee percentage is applied for any payment. For example, if a designer has earned $490 on the Platform and is owed $100 for a project deliverable, the Company will be paid a $20 facilitation fee (20% of $100) for this payment; the next payment will be paid using the 10% facilitation fee rate.
The Company reserves the right to modify its fee structure at any time and without advanced notice. Temporary or permanent modifications are effective as soon as they are published on the Platform and are applicable to all subsequent transactions. In the case of temporary modifications, the duration of the changes will be clearly indicated on the Platform.
You agree to indemnify, defend, and hold the Company harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, labor, or employment requirements, including any liability for, or assessment of taxes imposed on the Company by the relevant taxing authorities with respect to any fees paid to you or by you as the result of using the Platform.
The Company holds all payments made by a hiring party in escrow until such fees are earned by the designer or eligible for refund. However, the Company can only guarantee that payments will be properly processed if: (i) the designer waits to begin work until receiving notice from the Company that the Company has received payment from the hiring party, and (ii) designer performs design services for the amount specified in the original contract. If the total contract amount is increased, the designer and hiring party must contact the Company immediately so additional funds can be collected before designer performs the additional work. The Company is not liable for any unpaid services if the parties do not follow the requirements of this section.
Refunds are only issued, at the Company’s sole discretion, if:
- A designer does not perform design services according to the specifications in the signed contract, including excessively late performance of the services
- The contract is properly terminated by the hiring party before all design services are performed (in which case the designer will be paid in proportion to the work completed before contract termination)
- The designer cancels the contract for any reason besides a material breach by the hiring party
- The full amount paid by the hiring party is not earned by the designer
- For any other reason specifically stated in the contract between the designer and the hiring party
Another service offered on the Platform is the ability to sell and purchase, subject to certain restrictions, tutorials and other digital products between Platform users. These sales and purchases occur on the Platform in the “Marketplace.”
Information for Buyers
You may purchase a license to view digital products, such as tutorials, software tools, stock assets, and other electronic products (“Products”), provided and owned by other Platform users in our Marketplace. The license granted to you for a Product will depend on the subscription type that you choose. Current subscription options include:
1. Monthly Subscription: You may purchase a monthly subscription to all of a particular Marketplace Seller’s Products. During the duration of your subscription, you are granted a non-transferable, non-sublicensable license to view the Product(s) on the Platform for your personal use only, at any time during the subscription period. The subscription will automatically renew every month, and you may cancel your subscription at any time before the next renewal period. No partial refunds will be given if you cancel before the end of the current month.
2. Single-Product Access: You may purchase a non-transferable, non-sublicensable license to view one Product on the Platform for your personal use only, at any time and for as long as the Seller provides access to the Product on the Marketplace.
Fees for each subscription will vary by Seller and are conspicuously posted on the Seller’s Marketplace account. All fees must be paid before full access to the purchased Product(s) will be granted.
You are not allowed to distribute the Product(s), allow any third party to use or access the Product(s), or otherwise use, reproduce, or exploit the Product(s) in any way that is not expressly permitted under these Terms. No Products may be downloaded, saved, stored, published, viewed, or used in any manner other than on the Platform, as the license granted to you does not permit such usage.
If there is a technical or other issue with any Product(s), please contact us and the Seller. If you contact the Company within 14 days of purchasing the license to the Product(s), we may provide you a refund at our sole discretion. All refund requests thereafter must be directed at the Seller and will be resolved solely between you and the Seller, with no liability or responsibility falling on the Company.
You understand and agree that the Product license is granted to you by the Seller, not the Company, and we are not a party to the license in any way. Therefore, any disputes related to any Product(s) should be directed to the Seller only, and we are not responsible in any way for the Product(s) or any content therein.
You further acknowledge and agree that the Product(s) are provided by Platform users, not the Company. We did not create any of the Product(s), and we do not preview the Product(s) or control them. Therefore, we are not responsible for any content in the Product(s) and your purchase through the Platform is at your sole risk.
Information for Sellers
Users who register on the Platform as a Marketplace Seller may sell Products by following the instructions for uploading their Products to the Marketplace and making them available for sale. If you register as a Marketplace Seller and upload any Products to the Platform for sale, then you agree as follows:
1. You are responsible for setting the price for each Product that you make available on the Marketplace and you hereby authorize us to license your uploaded Product(s) for the price you set, plus any additional fees and taxes at our discretion.
2. If a buyer purchases a Product, we will grant them, on your behalf, a license to view the Product based on their subscription type (see above). If you do not agree to the license terms, do not make your Product(s) available on the Marketplace. However, you acknowledge and agree that the license terms are between you and the buyer, and that we do not have any obligation to enforce those terms or to attempt to resolve any dispute between you and a buyer.
3. You allow us to make your Product(s) available free of charge under the following conditions: the first Product that you post on the Marketplace may be provided free of charge and the second Product that you post on the Marketplace may be provided free of charge or part of another promotion, i.e. buy one get one free. You will not receive payment for either Product under these circumstances. Thereafter, you will be paid for sales of your Product(s) as set forth herein.
4. For the first 365 days that you are registered on the Platform as a Marketplace Seller, we will only collect merchant payment processor fees and taxes from the fees paid by the buyer for your Product(s), before paying the remainder of the fees to you. After 365 days, we will collect 20% of all fees paid by buyers for your Product(s) as consideration for your use of our Marketplace, plus any merchant payment processor fees and taxes. After we collect our fees, the remaining fees collected for your Product(s) will be deposited into your account within 21 days, minus any refunds.
5. We will hold all fees collected in escrow for 14 days. If a buyer reports any issues with any Product(s) purchased during this time, we may refund the fees that they paid, at our sole discretion, and we will not owe you any amounts for such Product sales. If a buyer reports any issues with your Product(s) after the 14 day period, we will refer the buyer to you and you are responsible for resolving the issue.
6. Product(s) may not contain any sexual, violent, inappropriate, offensive, or illegal content. We reserve the right to remove any Product and/or Marketplace Seller account at any time, for any or no reason, at our sole discretion.
7. By uploading a Product to the Marketplace, you agree that you are the owner of the Product and have all rights necessary to upload, publish, transfer, and license the Product, plus any other right necessary to carry out your obligations under these Terms. You further warrant that your Product(s) do not and will not infringe or misappropriate any third party rights.
8. By uploading any Product(s) to the Platform or Marketplace, you agree that you are solely responsible for the Product(s), and any effects thereof, and agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your Product(s).
9. You agree to promptly resolve any issues with Product(s) that we or other users report to you, and a failure to do this may result in immediate termination of your Platform account.
10. We are not responsible for anything a user or third party does with your Product, and we do not have any obligations to enforce the license terms or other rights related to your Product(s). You agree to accept all such responsibility, including all costs and expenses related to any enforcement or other actions.
11. You agree that any refunds provided by us related to your Product(s) will be reimbursed by you or deducted from your Marketplace account if we have already released the funds to you.
The Platform may contain message boards, review areas, profiles, message systems, Product(s) and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, transferrable, sublicensable, royalty-free license to sublicense, use, reproduce, copy, modify, create derivative works of, publicly perform, publicly display, distribute, and otherwise disclose to third parties and/or exploit in any manner any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- Neither the User Contributions nor your submission, uploading, publishing, or otherwise making available of such User Contributions, nor the Company’s use of the User Contributions as permitted herein, will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Accessing the Platform and Account Security
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
You are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Changes to the Platform
We may update the content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements, or other feedback related to Platform (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Platform and (b) promote the Platform, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Ownership of design services, deliverables, and other materials created by designers for engagements facilitated through the Platform are governed by the terms of the specific contract between the designer and hiring party.
- You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, except as it is created and owned by you.
- You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Platform, you may request removal of those materials from the Platform by submitting written notification to our Copyright Agent at Contact@sharecreators.com . In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your name.
- The name and description of the work that is being infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of these requirements, your DMCA Notice may not be effective. Additionally, if you knowingly misrepresent that material or activity on the Platform is infringing your copyright, you may be held liable for damages under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm or offend the Company or users of the Platform or expose them to liability.
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Take any action that may damage or falsify the Company or Platform rating.
- Otherwise attempt to interfere with the proper working of the Platform.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information on the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform includes content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Reliance on Other Users
We do not screen, vet, or otherwise perform any investigation or verification of any user on the Platform. Therefore, you are solely responsible for performing your own due diligence to determine if an engagement through the Platform will meet your needs and expectations. The Company is not liable or responsible for any work of any designers or other Platform users or for any results, damages, harms, or other effects of users engaging through or as a result of the Platform.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Users Outside the U.S.
The Platform is controlled and operated from the United States and is subject to its laws. If you choose to access the Platform outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations.
Disclaimer of Warranties
YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR ITS USERS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY OR EXPECTED TO BE PAID BY THE COMPANY FOR THE APPLICABLE SERVICES IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Waiver and Severability
Your Comments and Concerns
The Platform is operated by Share Creators Inc. at 324 Palmetto Avenue, Pacifica, CA 94044. All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: Contact@sharecreators.com .