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Terms of Service

Last Updated: 01/28/23

This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the CommonCreatives Principles and is our terms of service that governs our relationship with users and others who interact with CommonCreatives, as well as CommonCreatives brands, products, and services, which we call the “CommonCreatives Services” or “Services”. By using or accessing the CommonCreatives Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that helps you understand how CommonCreatives works.

Because CommonCreatives provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

  1. Privacy: Your privacy is very important to us. We designed our privacy policy to make important disclosures about how you can use CommonCreatives to share with others and how we collect and can use your content and information. We encourage you to read the privacy policy and use it to help you make informed decisions.
  2. Sharing Your Content and Information: 
    1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your profile privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with CommonCreatives (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
    2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
    3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, including how you can control what information other people may share with applications, read our privacy policy.)
    4. If for any reason CommonCreatives.com decides to terminate its services or web presence, CommonCreatives is not required to give back any posted content or IP shared on your account.
    5. store.CommonCreatives.com is an E-commerce platform with the intent to sell merchandise. The merchandise may or may not help others find freelance or professional business working relationships. Although CommonCreatives does everything possible to ensure a secure, safe place to conduct business and foster working business relationships, it is not responsible for the content or comments posted by others visiting or posting comments or reviews on this website.
    6. We always appreciate your feedback or other suggestions about CommonCreatives, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
  3. Safety: We do our best to keep CommonCreatives safe, but we cannot guarantee it. We need your help to keep CommonCreatives safe, which includes the following commitments by you:
    1. You will not post unauthorized commercial communications (such as spam) on this website.
    2. You will not collect users’ content or information, or otherwise access CommonCreatives, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
    3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on CommonCreatives.
    4. You will not upload viruses or other malicious code.
    5. You will not solicit login information or access an account belonging to someone else.
    6. You will not bully, intimidate, or harass any user.
    7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
    8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
    9. You will not use this website to do anything unlawful, misleading, malicious, or discriminatory.
    10. You will not do anything that could disable, overburden, or impair the proper working or appearance of CommonCreatives, such as a denial of service attack or interference with page rendering or other CommonCreatives functionality.
    11. You will not facilitate or encourage any violations of this Statement or our policies.
  4. Registration and Account Security:
    1. You will not provide any false personal information on CommonCreatives, or create an account for anyone other than yourself without permission.
    2. You will keep your contact information accurate and up-to-date.
    3. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
    4. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
    5. If using social media sign-in services such as Facebook, Google plus, Twitter, etc. to log in or create an account, you agree to allow CommonCreatives to access your shared information from such sites. Including images, profile status, friends, groups and any other publicly accessible content posted.
  5. Protecting Other People’s Rights: We respect other people’s rights and expect you to do the same.
    1. You will not post any content that is not owned by you or has been given consent that you own such content.
    2. You will not post content or take any action on CommonCreatives that infringes or violates someone else’s rights or otherwise violates the law.
    3. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
  6. Mobile and Other Devices:
    1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
    2. In the event you change or deactivate your mobile telephone number, you will update your account information on CommonCreatives within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
    3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on CommonCreatives.
  7. Special Provisions Applicable to Developers/Operators of Applications and Websites: If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with this document and our privacy policy.
  8. Special Provisions Applicable to Software:
    1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
    2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
  9. Amendments:
    1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
    2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on this Page.
    3. Your continued use of the CommonCreatives Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies, or guidelines.
  10. Termination: If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of CommonCreatives to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
  11. Disputes:
    1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or CommonCreatives exclusively in the U.S. District Court for the District Of Utah. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Utah will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
    2. If anyone brings a claim against us related to your actions, content or information on CommonCreatives, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on CommonCreatives and are not responsible for the content or information users transmit or share on CommonCreatives. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on CommonCreatives. We are not responsible for the conduct, whether online or offline, of any user of CommonCreatives.
    3. WE TRY TO KEEP CommonCreatives UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING CommonCreatives AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CommonCreatives WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT CommonCreatives WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. CommonCreatives IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR CommonCreatives, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR CommonCreatives WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CommonCreatives’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
  12. Special Provisions Applicable to Users Outside the United States: We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with CommonCreatives outside the United States:
    1. You consent to having your personal data transferred to and processed in the United States.
    2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on CommonCreatives (such as advertising or payments) or operate a Platform application or website. You will not use CommonCreatives if you are prohibited from receiving products, services, or software originating from the United States.
  13. Definitions:
    1. By “CommonCreatives” or” CommonCreatives Services” we mean the features and services we make available, including through (a) our website at www.CommonCreatives.com and any subdomain within that domain including, but not limited to, store.commoncreatives.com, and any other CommonCreatives branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. CommonCreatives reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
    2. By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from CommonCreatives or provide data to us.
    3. By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with CommonCreatives.
    4. By “content” we mean anything you or other users post, provide or share using CommonCreatives Services.
    5. By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from CommonCreatives or provide to CommonCreatives through the website Platform.
    6. By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, purchase of merchandise through E-commerce transactions, and create derivative works of.
    7. By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
    8. By “Trademarks” we mean the list of trademarks registered under US federal trademark law for CommonCreatives.
  14. Other:
    1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and CommonCreatives, LLC.  Otherwise, this Statement is an agreement between you and CommonCreatives, LLC.  References to “us,” “we,” and “our” mean either CommonCreatives, LLC.
    2. This Statement makes up the entire agreement between the parties regarding CommonCreatives, and supersedes any prior agreements.
    3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
    4. If we fail to enforce any of this Statement, it will not be considered a waiver.
    5. Any amendment to or waiver of this Statement must be made in writing and signed by us.
    6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
    7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    8. Nothing in this Statement shall prevent us from complying with the law.
    9. This Statement does not confer any third party beneficiary rights.
    10. We reserve all rights not expressly granted to you.
    11. You will comply with all applicable laws when using or accessing CommonCreatives.
    12. CommonCreatives LLC. does not guarantee any freelance or full time jobs or opportunities to it’s community members, nor by purchasing any of its merchandise. By creating an account on commoncreatives.com or shop.commoncreatives.com you understand that it is for the sole purpose of helping you be found for possible opportunities and or E-commerce transactions. While it is the hope for CommonCreatives, L.L.C. that it’s members will be contacted and identified as industry leaders to provide such services, CommonCreatives, L.L.C. is in no way required or responsible for providing work or working relationships.
    13. You further agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as:
      • accessing data not intended for you or logging into a server or account that you are not authorized to access;
      • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
      • attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to or overloading, using any type of spyware or redirecting software, “flooding,” “spamming,” “mailbombing” or “crashing” the Website;
      • forcing the placement of cookies;
      • sending unsolicited e-mail, including promotions and/or advertising of products or services; or
      • forging any TCP/IP packet header or any part of the header information in any e-mail or posting.