Introduction

CreativityMall.com is about celebrating creativity. It can help you make a unique purchase, give your art access to a world-wide audience, help you earn money from your artistic talents and make you part of a vibrant and passionate artistic community.

We encourage you to be involved in every aspect of CreativityMall - expressing yourself through your art, your comments and your purchases.

To make this online destination for creativity available, it is essential all CreativityMall users respect copyright. You must only upload content you have created yourself and have permission to use and authorize others to use. If you are a customer or browser, please respect the copyright of all the works you see or buy on CreativityMall. Supporting copyright is an essential principle of CreativityMall’s community.

Displaying your work on CreativityMall puts it out there for the world to see. You need to be aware that publishing your work in this way attracts legal responsibilities. It is up to you to make sure you are not breaking any laws by publishing your work through CreativityMall.

Respect each other and respect the arts you find here and you’ll be helping make CreativityMall an inspiring and enjoyable community

It is important you read the agreement below. Using this website means you accept this agreement. If you do not agree with its terms, do not use this website.

* Legal Agreement
* Eligibility
* Amendment to this agreement
* Our service
* Members
* Passwords
* Putting content on CreativityMall
* Offering art for sale
* Purchasing a Product on CreativityMall
* CreativityMall may cancel orders
* Delivery
* Reporting inappropriate content to CreativityMall
* Specific warnings
* Intellectual property rights and license
* Trademarks
* Linked websites
* Disclaimer
* Indemnity
* Privacy policy
* Security of information
* Termination of access
* Governing Law
* General
* Agency Agreement

Legal Agreement

All visitors (“user”, “you”, “your”) to the CreativityMall website at www.CreativityMall.com (“the website”) are entering a binding legal agreement on the following terms (the “agreement”) when using the website. The agreement is between the user and CreativityMall (“CreativityMall”, “we”, “us”, “our”) and use of this website indicates acceptance of this agreement.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

Amendment to this agreement

We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with CreativityMall or by displaying information about the changes on our home page, or both. Either way, your continuing use of the CreativityMall website will be taken to be acceptance of the new terms.

Our service

CreativityMall provides a range of services (the “CreativityMall service”) including but not limited to, enabling you to publish, sell, discuss and purchase art, creative works, and other intellectual property; interact with other members; and receive the benefits of CreativityMall’s product fulfillment service including payment processing, transaction handling, and customer service. The digital content on the website (“content”) may be information, text, data, graphics, images, photographs, sound, video, music or any other intellectual property posted online by users.

Members

A user can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments in forums or reviews. CreativityMall reserves the right to refuse any user name that it decides at its sole discretion is inappropriate. CreativityMall reserves the right to refuse any person that it decides at its sole discretion from becoming member.

Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the CreativityMall website or in the course of delivering the CreativityMall service. We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information.

Passwords

You are responsible for actions made on the website using your password, including any products purchased or sold and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

Putting content on CreativityMall

You keep the copyright of any content you submit or upload to the website. In order to receive the CreativityMall services you grant CreativityMall a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement.

When you submit or upload content on the CreativityMall website you represent and warrant that:

* you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have the right to display, reproduce and sell the content. You license CreativityMall to use and sub-license the content in accordance with this agreement;
* you and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
* you or your content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
* your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
* your content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
* your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions


CreativityMall reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise.

Offering creative works for sale

Any member may offer their creative work for sale on the website by appointing CreativityMall as their agent on the terms set out in the Agency Agreement in Appendix A. By agreeing to the terms of this user agreement you expressly agree to the terms of the Agency Agreement in Appendix A, which will apply from the date on which you offer your first art for sale.

Purchasing a product on CreativityMall

Users can purchase services from CreativityMall website using a valid credit card or the PayPal system.
 
Payment for items listed on CreativityMall is to be made between the seller and the buyer.  The price a buyer pays is fixed at the time of ordering.  We encourage buyers and sellers to only use the PayPal payment method due to its reliablity, ease of use, and fraud protection.

You may not cancel an order once it has been submitted.

It is the customer’s responsibility to ensure the product delivery address is correct. CreativityMall takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us; however, we have implemented a "feedback system" where buyers and sellers are rated in a fashion similar to other auction websites.  We encourage members to utilize this tool and rate each other appropriately and fairly.

We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.

CreativityMall may cancel orders

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.

We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer’s credit card or PayPal account for the amount in question.

Delivery

Delivery will be made by postal or courier service and will be paid for by the customer at the price indicated at time of purchase. Delivery may also be made via electronic means (e.g. email). However, the seller is expected to inform the potential buyer of the delivery method before the purchase has been made.

Damaged Goods

If a product is delivered to a customer, whether in electronic or printed format, that is electronically or physically damaged in some way (for example, a file does not download, a framed print has cracked, or there are loose or torn pages in a book) CreativityMall recommends that the buyer contacts the seller and both parties work to resolve the issue with replacement, refund, or some other reasonable solution.


Please be aware CreativityMall is a creator-controlled publishing tool and we do not always screen the content on our website.

Reporting inappropriate content to CreativityMall

CreativityMall does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches this agreement.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Please help us by letting us know immediately about any inappropriate, or potentially inappropriate, content you see on the website.

If you believe your copyright or other intellectual property rights are being infringed, you are able to make a formal complaint, or request an agent to make a complaint on your behalf, by contacting us at support@creativitymall.com.


Specific warnings

You must ensure that your access to this website and the CreativityMall service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the CreativityMall service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the CreativityMall service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the CreativityMall service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.

Intellectual Property Rights and license

All intellectual property rights in this website and the CreativityMall service (including the software and systems underlying the CreativityMall service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. You may not in any form or by any means:

* use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
* commercialize any information, products or services obtained from any part of this website,

without our written permission.

Trademarks

If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this website).

Linked websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Disclaimer

We do not represent or guarantee that the CreativityMall service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the CreativityMall service or these websites will be uninterrupted.

You acknowledge that the CreativityMall service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members’ uploads to this website will be protected against loss, or misuse or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

1. if the breach relates to goods:
* the replacement of the goods or the supply of equivalent goods;
* the repair of such goods;
* the payment of the cost of replacing the goods or of acquiring equivalent goods; or
* the payment of the cost of having the goods repaired; and
2. if the breach relates to services:
* the supplying of the services again; or
* the payment of the cost of having the services supplied again

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Privacy policy

Your privacy is very important to us. Users of our website should refer to our privacy policy – which is incorporated into this agreement by reference, for information about how we collect and use personal information.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Governing law

This agreement is governed by the laws in force in the State of Illinois and in the United States of America. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

APPENDIX A - Agency Agreement

You appoint CreativityMall (“CreativityMall”, “we”, “us”, “our”) as your exclusive agent to market and sell your art once an order has been made through www.CreativityMall.com ("the website"). CreativityMall accepts the appointment as agent, on the terms set out in this Agency Agreement.

1. Agency Appointment

1.1 You appoint CreativityMall as your agent to market your products over the website.

1.2 You agree that CreativityMall is free to act in any capacity for any other person interested in promoting, marketing and obtaining orders from members of the public for the purchase of their arts over the website, including any art that is the same as, or similar to, your products.

2. License

2.1 For the duration of the listing, you grant CreativityMall an exclusive royalty free license to use your intellectual property in your products for the purpose of enabling us to carry out the promotion, marketing, and sale of your creative works or, if chosen, of the rights to your works.

3. Sale of your products

3.1 You are free to set the price of your creative work and/or intellectual property.

3.2 In order to support our website and the endeavor of stimulating creativity across the globe, we charge listing fees that are based on the duration of the listing.  Optional features that enhance the look and increase the visibility of the listing on the site are available for an additional charge.

3.3 CreativityMall will send you an email to the email address you registered in your account after an order has been placed for your products.

3.4 You agree that CreativityMall makes no representation that it will be able to procure an order for your products at the retail price or at all, nor that you will obtain any benefit by making the appointment and entering into this Agency Agreement.

3.5 You agree to list your creative work on CreativityMall for a duration of at least one (1) day. You also agree to grant CreativityMall the exclusive rights to act as the agent of the sale of the creative works listed through CreativityMall.

4. Payment terms

4.1 You authorize CreativityMall to deduct the base price and taxes where applicable and where relevant, to you.

4.2 Payment for the listing is to be made at the time the listing is created.

5. Taxation responsibility

5.1 Each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Agency Agreement.

6. Indemnity

6.1 You hereby indemnify and will keep CreativityMall indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non performance of your obligations under this Agency Agreement or arising out of your willful act, neglect or default in the performance of such obligations.

6.2 This clause 6 will survive the termination of these Terms of Use

7. Limitation of liability

7.1 In no case will CreativityMall be liable for any consequential loss or damage suffered by you arising from the appointment from this Agency Agreement. To the extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded.

8. Terminating this Agency Agreement

8.1 You can give notice of termination of this Agency Agreement by closing your account in the method described in the User Agreement.

8.2 CreativityMall may give notice of termination of this Agency Agreement to you in writing at any time.

8.3 After notice of termination in the manner described in either clause 8.1 or 8.2, you authorize us to complete any transactions in progress in relation to your products, which we will do on the terms of this Agency Agreement. Termination of this Agency Agreement will take effect once these transactions have been completed.