These Terms and Conditions (these “Terms”) govern access to and use of The Marketplace website, community board, and related services (collectively, “Marketplace” or the “Platform”), which are owned and operated by The Creators Co., LLC and its affiliates, successors, and assigns (“Company,” “we,” “us,” or “our”).
By accessing, browsing, registering for, posting on, purchasing through, selling through, or otherwise using the Platform, you (“Member,” “you,” or “your”) agree to be bound by these Terms, our Privacy Policy, and any other policies, guidelines, rules, or supplemental terms we post or provide. If you do not agree, do not use the Platform.
The Platform is a private, members only venue that may allow Members to post, market, advertise, list, offer, sell, buy, promote, and discuss products, services, digital goods, subscriptions, consulting, coaching, educational programs, software, templates, or other offerings (“Listings”).
Marketplace provides a marketplace venue and may also provide paid placement, promotional visibility, ranking, merchandising, listing optimization, and related platform services. Marketplace is not the seller, supplier, manufacturer, distributor, broker, agent, reseller, payment processor, escrow agent, fiduciary, insurer, guarantor, or endorser of any Listing unless Marketplace expressly states otherwise in a separate written agreement signed by Marketplace.
Marketplace does not create, own, control, verify, test, inspect, endorse, guarantee, warrant, or assume responsibility for:
All transactions on or through the Platform are solely between the applicable Members unless Marketplace expressly states otherwise in writing. Marketplace may receive fees in connection with Listings, transactions, paid placement, promotional visibility, or other Platform services, but receipt of such fees does not, by itself, make Marketplace the seller or a party to the underlying transaction.
You may use the Platform only if:
Marketplace may approve, reject, suspend, limit, or terminate any Member’s access to the Platform at any time, with or without notice, and with or without cause, in Marketplace’s sole discretion.
You are responsible for all activity under your account and for maintaining the confidentiality of your login credentials. You must promptly notify Marketplace of any suspected unauthorized access, security incident, account compromise, or misuse of the Platform.
You are responsible for ensuring that all account information you provide is current, complete, and accurate.
As a condition to posting, offering, advertising, marketing, licensing, or selling any Listing on the Platform, you represent, warrant, and covenant that:
Marketplace may require supporting documentation for any Listing, including proof of ownership, licenses, substantiation for claims, identity verification, tax forms, or other materials.
You may not use the Platform to:
Marketplace may remove or disable any Listing, suspend or terminate any account, report conduct to law enforcement or regulators, and preserve or disclose information as Marketplace deems appropriate in its sole discretion.
Members must conduct themselves on and in connection with the Platform in a lawful, professional, respectful, and commercially reasonable manner.
Without limiting Section 5, no Member may make, publish, post, transmit, distribute, or otherwise communicate, whether on or off the Platform, any false, misleading, defamatory, abusive, or harassing statement or content concerning:
Marketplace may, in its sole discretion, determine whether any conduct violates this Section and may remove content, suspend or terminate access, restrict Platform privileges, block transactions, withhold funds, or take any other action permitted under these Terms or applicable law.
Marketplace does not control and is not responsible for any transaction terms established by Members, including price, taxes, delivery, performance, warranties, refunds, cancellations, returns, payment plans, subscriptions, chargeback rights, or dispute resolution.
Each seller is solely responsible for:
Each buyer is solely responsible for independently evaluating Listings and sellers before purchasing.
Marketplace may, but is not obligated to, facilitate communications or tools related to transactions. Any such facilitation does not make Marketplace a party to the transaction.
Marketplace may charge membership fees, listing fees, subscription fees, transaction fees, service fees, advertising fees, placement fees, referral fees, promotional fees, or other charges in connection with the Platform. Marketplace may change fees, categories, placement rules, visibility options, payment procedures, payout timing, and related requirements at any time in its sole discretion upon posting updated terms or providing notice as determined by Marketplace.
Without limiting the foregoing, Marketplace may currently offer Members the following paid placement options:
Marketplace may label such Listings as “Featured,” “Promoted,” “Sponsored,” “Priority,” or with similar language in Marketplace’s sole discretion. You acknowledge and agree that placement, prominence, order, visibility, ranking, and display of Listings may be affected by fees paid to Marketplace, Member activity, Member compliance history, relevance, Platform performance, user experience considerations, or other factors determined by Marketplace in its sole discretion.
Unless Marketplace expressly agrees otherwise in writing, all fees paid to Marketplace are non-refundable once earned. Marketplace may determine when a fee is earned, including upon purchase, order placement, payment authorization, payment capture, delivery, performance, expiration of refund periods, or other events, in Marketplace’s sole discretion.
If Marketplace enables or requires use of a third-party payment processor, you agree to the applicable processor’s terms. Marketplace is not responsible for any third-party payment processor, merchant account, gateway, bank, or financial institution.
If Marketplace receives, processes, routes, or facilitates any payment related to a Listing, you authorize Marketplace to deduct, withhold, offset, reserve, freeze, reverse, charge back, or recoup from any amounts otherwise payable to you any fees owed to Marketplace, refunds, reversals, chargebacks, disputes, fraud losses, penalties, taxes, shipping adjustments, credits, customer accommodations, or any other amounts that Marketplace determines are or may be owed by you or attributable to your Listing or conduct. Marketplace may also delay or condition disbursement of funds in order to investigate risk, fraud, policy violations, chargebacks, infringement claims, customer complaints, or legal/regulatory issues.
Marketplace may withhold, offset, reverse, charge back, freeze, or decline payments, credits, or disbursements if Marketplace suspects fraud, unauthorized activity, policy violations, infringement, regulatory risk, chargeback risk, or any other risk to Marketplace.
Members are solely responsible for determining, collecting, reporting, remitting, and paying all federal, state, local, and foreign taxes arising out of their use of the Platform or any transaction, including sales taxes, use taxes, VAT, GST, income taxes, franchise taxes, and employment taxes. Marketplace does not provide tax advice and is not responsible for any Member’s tax obligations.
You retain whatever ownership rights you otherwise hold in your Listings and other content you submit, upload, post, transmit, or make available on or through the Platform (“Member Content”), subject to the rights granted in these Terms.
You grant Marketplace and its designees a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable right and license to host, store, copy, reproduce, modify, adapt, format, translate, create derivative works from, publish, display, perform, distribute, transmit, promote, market, analyze, and otherwise use your Member Content, name, logo, likeness, voice, trademarks, service marks, and other associated materials in connection with operating, improving, promoting, enforcing, or monetizing the Platform and Marketplace’s business.
Marketplace has no obligation to host, retain, display, or maintain any Member Content.
Marketplace respects intellectual property rights and may remove or disable access to allegedly infringing content in its sole discretion.
If you believe content on the Platform infringes your copyright or other intellectual property right, you may submit a complaint to Marketplace’s designated contact listed on the Platform. Marketplace may require information reasonably sufficient to investigate the claim, including identification of the work claimed to be infringed, identification of the allegedly infringing material, contact information, a statement of good faith belief, and a statement under penalty of perjury where applicable.
Marketplace may adopt and enforce a repeat-infringer policy and may suspend or terminate repeat offenders.
If Marketplace elects to operate under the DMCA safe-harbor framework, Members acknowledge that Marketplace may designate and post a DMCA agent and follow takedown and counter-notice procedures in its sole discretion.
Marketplace may, but is not obligated to, monitor the Platform, Member Content, Listings, messages, transactions, or conduct for compliance with these Terms. Marketplace may investigate suspected violations and may take any action Marketplace deems appropriate, including:
Marketplace may do so without notice and without liability.
Marketplace does not endorse any Member, Listing, strategy, product, service, or business opportunity. The Platform may contain business, marketing, affiliate marketing, educational, testimonial, or promotional content, but Marketplace is not providing legal, tax, accounting, financial, investment, medical, therapeutic, employment, or other professional advice through the Platform.
Members should consult their own qualified advisors before relying on any Listing or content.
Any statements, case studies, examples, testimonials, or illustrations concerning sales, earnings, income, performance, audience growth, conversion rates, business success, or results are not guarantees. Results vary and depend on numerous factors beyond Marketplace’s control. Members are solely responsible for ensuring that any such statements in their Listings are truthful, substantiated, and legally compliant.
The Platform, all content, all features, and all services provided by Marketplace are provided “as is,” “as available,” and with all faults. To the maximum extent permitted by law, Marketplace disclaims all warranties, express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, security, or that the Platform will be uninterrupted or error free.
Marketplace does not warrant that any Listing, Member, or transaction will be legitimate, safe, successful, profitable, legal, or suitable.
To the maximum extent permitted by law, The Creators Co., LLC, Marketplace and its affiliates, members, managers, officers, directors, employees, contractors, agents, successors, and assigns (collectively, the “Marketplace Parties”) shall not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, business, goodwill, data, use, or opportunity, arising out of or relating to the Platform, these Terms, any Listing, any content, any transaction, any dispute between Members, any content, any enforcement or operation decision (including any suspension, termination, or payment withholdings, reversal, offset, freeze, chargeback or delay), whether based in contract (including fundamental breach), tort (including negligence), strict liability, statute, misrepresentation, equity, or any other theory, even if advised of the possibility of such damages.
In all events, and to the maximum extent permitted by law, the cumulative aggregate liability of the Marketplace Parties for all claims shall not exceed the greater of (A) the total amount paid by you to Marketplace for the Platform and services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim, or (B) one hundred U.S. dollars (US $100). These limitations apply even if any remedy fails of its essential purpose and are in addition to, and independent of, the disclaimers in Section 15, the release in Section 17, and the indemnification obligations in Section 18. Nothing in this Section purports to limit liability that cannot be limited under applicable law; in such cases, the limitations apply to the fullest extent permitted, and any unenforceable portion will be deemed modified to the minimum extent necessary to be enforceable.
To the maximum extent permitted by law, you release and discharge the Marketplace Parties from any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses arising out of or relating to:
If you are a California resident, you waive California Civil Code Section 1542 and any similar law, which says a general release does not extend to claims you do not know or suspect to exist in your favor at the time of executing the release.
You shall defend, indemnify, and hold harmless the Marketplace Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, subpoenas, civil investigative demands, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, expenses, and fees (including reasonable attorneys’ fees and costs) arising out of or relating to:
Marketplace may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully. You may not settle any claim affecting the Marketplace Parties without Marketplace’s prior written consent.
Marketplace may, in its sole discretion and without prior notice, suspend, restrict, terminate, or permanently ban your access to the Platform, remove your Listings or content, cancel pending transactions, or withhold funds if Marketplace believes you have violated these Terms, exposed Marketplace to risk, or engaged in conduct inconsistent with Marketplace’s standards or business interests.
Termination of access does not limit any of Marketplace’s other rights or remedies and does not relieve you of obligations that accrued before termination.
You may not assign, transfer, delegate, sublicense, or otherwise dispose of any rights or obligations under these Terms without Marketplace’s prior written consent. Any attempted assignment in violation of this Section is void. Marketplace may assign these Terms freely.
You consent to receive communications from MARKETPLACE electronically. You agree that electronic signatures, records, consents, notices, and agreements satisfy any legal requirement that such communications be in writing.
Please read this section carefully. It affects your legal rights.
Subject to limited exceptions, you acknowledge and agree that any dispute must be resolved by final and binding arbitration and that you are waiving your right to a trial by jury, giving up the right to go to court, rights you would have in a court proceeding such as the right to appeal and discovery may be more limited or not exist. You agree and acknowledge that you may only bring a claim in your individual capacity and may not participate in a class, collective, or representative action as a plaintiff or class member.
A. Definitions and Scope.
For purposes of this Section, “Company” means The Creators Co. and its owners, officers, directors, employees, contractors, agents, affiliates, successors, and assigns. “Covered Dispute” means any claim, dispute, or controversy (whether based in contract, statute, regulation, tort, fraud, misrepresentation, or any other legal theory) arising out of or relating to:
Covered Disputes include disputes about the meaning, applicability, or enforceability of this Section, except as expressly stated in Subsection I (Class Action Waiver Severability) below.
B. Informal Resolution Required First.
Before starting arbitration, you agree to give Company a reasonable opportunity to resolve a Covered Dispute informally.
C. Agreement to Arbitrate.
Except for the limited carve-outs in Subsection 8, you and Company agree that every Covered Dispute will be resolved exclusively by final and binding arbitration, not in court. The Federal Arbitration Act (“FAA”) governs this Section and will be applied by the arbitrator to the fullest extent permitted by law.
D. Arbitration Administrator; Rules; Arbitrator.
Unless the parties agree otherwise, arbitration will be administered under the rules of the American Arbitration Association (“AAA”).
There is no judge or jury in arbitration, and review of an arbitration award by a court is limited.
E. Delegation of Issues to the Arbitrator.
To the maximum extent permitted by law, the arbitrator (and not any court) will decide all questions of arbitrability, including whether a Covered Dispute is subject to arbitration and any defenses to arbitration (such as waiver, unconscionability, or formation), except as provided in Subsection I regarding the Class Action Waiver.
F. Location; Format; Accessibility.
The arbitration will be conducted by a single neutral arbitrator in the English language in Tulsa County, Oklahoma, unless otherwise agreed in writing by the parties. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA.
G. Fees, Costs, and Attorneys’ Fees.
Payment of AAA filing fees, administrative fees, and arbitrator compensation will be handled under the applicable AAA rules. Each party will otherwise bear its own attorneys’ fees and costs unless a statute or enforceable contract provision allows fee-shifting, in which case the arbitrator may award fees to the extent permitted by law.
H. Limited Carve-Outs (Court Actions Allowed).
Notwithstanding the above, the following disputes may be brought in court:
I. CLASS ACTION WAIVER; REPRESENTATIVE ACTION WAIVER.
You and Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, private attorney general, or representative proceeding. The arbitrator may not consolidate claims, join parties, or preside over any form of class, collective, or representative proceeding.
J. Severability.
If a court of competent jurisdiction determines that this Subsection I (Class Action Waiver) is unenforceable as to a particular claim and that claim may proceed on a class, collective, or representative basis, then:
K. Confidentiality.
The arbitration proceedings, including the existence of the arbitration, filings, testimony, and any award, will be confidential to the maximum extent permitted by law, except as necessary to prepare for or conduct the arbitration, to enforce an award, or as otherwise required by law.
L. Time Limits.
To the maximum extent permitted by law, a Covered Dispute must be initiated within one (1) year after the claim accrues; otherwise, the claim is permanently barred. Where applicable law provides a longer non-waivable limitations period, that longer period will apply.
M. Batch / Mass Arbitration (Efficiency Process).
If twenty-five (25) or more arbitration demands are filed against Company raising similar issues and represented by the same or coordinated counsel (a “Batch”), the parties agree that AAA may administer the Batch using an efficient bellwether or staged process consistent with AAA procedures then in effect. The parties will work in good faith to select a limited number of initial cases to proceed first; the remaining cases may be temporarily stayed while the initial cases are resolved, with the goal of promoting consistent outcomes and reducing administrative expense. Nothing in this Subsection limits the Class Action Waiver in Subsection I.
N. Survival and Miscellaneous.
This Section survives termination of your account, completion of any purchase, cancellation, chargeback, bankruptcy, assignment, or transfer. If any portion of this Section is held invalid or unenforceable, the remaining portions will remain in effect to the maximum extent permitted by law, except as set forth in Subsection I regarding the Class Action Waiver.
These Terms and your use of the Marketplace shall be governed by and construed in accordance with the laws of without resort to its principles for resolving conflicts of law. Exclusive jurisdiction and venue shall be in the trial courts, Federal or State, sitting in Tulsa County, Oklahoma, and any and all objections as to such jurisdiction and venue are hereby expressly waived by each party. Contractor acknowledges and agrees that this consent to jurisdiction constitutes a material term of this Agreement and is knowingly and voluntarily given. Each party waives any right to trial by jury in any action arising out of or relating to this Agreement.
You acknowledge that a breach of these Terms may cause irreparable harm to Marketplace for which money damages would be inadequate. Accordingly, Marketplace shall be entitled to injunctive relief, specific performance, and other equitable remedies, without bond, in addition to any other rights and remedies available at law or in equity.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be enforced to the maximum extent permitted by law. Marketplace’s failure to enforce any provision is not a waiver.
These Terms constitute the entire agreement between you and Marketplace concerning the Platform and supersede all prior or contemporaneous communications regarding the Platform, except as supplemented by other written agreements or posted policies expressly incorporated herein.
The headings are for convenience only and do not affect interpretation.
Questions regarding these Terms should be sent to [email protected].
You understand and agree that your use of the Marketplace website and any interactions through the Website (including creating an account, submitting information, completing checkout, clicking acceptance buttons, checking boxes, or otherwise taking any electronic action) constitute “electronic communications.”
To the fullest extent permitted by applicable law, you consent to receive from us electronically any notices, disclosures, confirmations, statements, records, updates, and other communications related to the Website, your account, and any products or services (collectively, “Electronic Communications”). Electronic Communications may be provided through the Website, by email, by text message, within your account dashboard, or by other electronic means we make available.
You agree that Electronic Communications satisfy any legal requirement that such communications be in writing. You further agree that your electronic actions such as clicking “I Agree,” “Submit,” “Purchase,” or similar buttons, checking an acknowledgment box, typing your name, or otherwise indicating assent electronically constitute your electronic signature and acceptance, and are legally binding on you to the same extent as a handwritten signature.
If you do not consent to receiving communications electronically, you should not use the Website or purchase our products or services.